Terms and Conditions
Preface and Partnership Standards
For Adcraft Studio, it is vitally important that our relationship is two way. To ensure we can deliver our commitment to you, we ask if you would consider the following standards.
- We expect honesty in feedback at all times, this includes praise when we deserve it and constructive criticism should we make an error. This is vitally important so that we can continue to improve our services.
- You’ll find us honest, truthful and “up-front” with you at all times.
- Please give genuine consideration to action any strategy or suggestion we make (given that it is reasonable to do so at the time), even if that means to test an idea, which we may suggest that can assist or improve your business.
- When you invest in a partnership, we ask that you do so in good faith and always make payments on or before the due date so we can get on with the task of building your business.
- You and Adcraft as a team will commit to putting in time and effort to make your business successful and your goals a reality.
- We shall do our absolute best to keep your agreements and appointments and let us know well in advance if there are any changes.
- Adcraft Studio will take all necessary actions to complete the deliverables to a high professional standard, and to the deadline agreed.
- Adcraft Studio will take a commitment to staying up-to-date and ahead of the game across all industry trends, skills and knowledge for all of our staff.
Client Responsibilities
- Please come prepared for all meetings and ensure you arrive on time and ready to participate.
- If you have feedback or concerns, please transparently communicate them as soon as possible. This helps us to achieve a successful outcome.
- Be on time for all due dates. Missed due dates greatly affect Adcraft’s schedule and other client projects.
- Feedback requests must be responded to within the specified timeframe, or the project will automatically be put on hold. The original deadline will terminate, a new deadline will be established upon our availability and an additional fee will apply.
Terms and Conditions
Quotations
All Adcraft Studio Quotes are valid for 30 days unless otherwise specified.
Acceptance
- It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
- If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
- Please read these terms and conditions carefully.
- Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Communication
- The Client will be allocated an Account Manager who will handle all communication with the client and our team.
- The Client will not attempt to contact Adcraft staff or contractors other than the allocated Account Manager without given permission.
- Clients are offered one 1-progress call per fortnight unless for an urgent matter, or otherwise specified following the initial client brief.
- Adcraft Studio may contact the client for additional material or information via a call during business hours, or email at anytime that may be required to complete any project throughout any stage.
- All review and correction notes must be delivered in writing to the client’s Account Manager.
Content
- Unless otherwise specified in the project quotation, this Agreement assumes that any text, images, video and creative material will be provided by the Client in electronic format (Shared via Google Drive, e-mail or FTP) and that all photographs and graphics will be provided in a high-quality.
- All material will be provided by the client in 30-days of engagement, and should there be any difficulties in providing the required material, the client must request an extension with a requested timeframe to Adcraft Studio.
- Extension requests are at the discretion of the Project Team at Adcraft.
- Adcraft Studio reserves the right to end the client’s engagement if the required material is not received within this timeframe, and the client has not negotiated reasonable terms or request for an extension. The deposit is non-refundable, withheld to cover engagement, planning and administration time.
Timelines
- Project delivery estimates begin once Adcraft has received all the required media, and delays in receiving these materials may delay the project delivery.
- For all services where drafted works are submitted to the client, one revision is permitted with an unlimited number of changes and reviews must be returned within a 14-day period unless otherwise specified.
- Reviews outside of this timeframe will be charged hourly.
- Once a job request is received, the Client will receive an estimated turnaround time. Adcraft Studio schedules our work in advance to ensure efficiency and to deliver the received work at a high level.
- Additional costs may apply for urgent requests or deadlines as this may interrupt services that are scheduled from other clientele and additional planning and arrangements are required.
Revision Abuse Protection
Where revision requests exceed reasonable scope, are repetitive without clear direction, or materially alter previously approved work, Adcraft Studio reserves the right to:
- charge additional revision fees
- reset timelines
- request written change approval before proceeding
Delivery & Post Delivery
Clients are offered unlimited corrections throughout a project’s development and are able to make corrections up until 30-days after the project has been delivered (Warranty Period).
Post-Placement Alterations
Adcraft Studio cannot accept responsibility for any alterations caused by a third party occurring to the Client’s project, such as a website page or document design access is provided. Such alterations include, but are not limited to additions, modifications or deletions.
Ownership, Copyright and Credit
The Client acknowledges that upon final payment for the Website Design project, Service Provider transfers copyright ownership of all originally created deliverables, including Website Visual Design, Text Content, Custom Graphics, HTML, Javascript, and CSS code. All aforementioned originally created deliverables are wholly owned by Adcraft prior to the final project invoice paid by The Client. This means that if the project is cancelled before completion, Adcraft Studio retains ownership of everything, and no rights are granted to The Client to use them.
Adcraft Studio maintains the Intellectual Property for any customised coding developed such as (but not limited to) Custom CSS, Javascript, or HTML coding.
It is the responsibility of the Client to ensure creative material on the website including text, or any multimedia is free from Copyright infringement and have purchased the suitable licensing.
Design Credit: A link to Adcraft Studio’s website may appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in AdCraft Studio’s portfolio.
Stronger Intellectual Property Protection
Adcraft Studio retains ownership of its methodologies, frameworks, proprietary processes, templates, internal systems, strategy models, and reusable components, unless expressly transferred in writing.
AI-Generated Content Ownership
- Where AI tools are used, final deliverables transfer upon payment.
- Prompts, workflows and optimisation techniques remain Adcraft Studio intellectual property.
- AI outputs may be non-exclusive due to the nature of AI models.
- Adcraft Studio does not guarantee originality where AI tools are used.
Additional Costs
The Client agrees to reimburse Adcraft Studio for any additional expenses necessary for the completion of the work or where additional requirements are requested. Examples may include font licenses, additional stock photography, additional plugins, and the labour required to complete additional requests outside of the quote inclusions.
AdCraft Studio will provide the services that are outlined in this quote, and services that are provided outside of this scope may be subject to a separate quote or charged at our hourly rates below:
- Brand Specialist — $180+GST per hour
- Marketing Specialist or Web Developer — $200+GST for Marketing Specialist or Web Developer
- Additional photography/videography contractors — $250+GST per hour
- All other services — POA’
Website Services
Definitions
- Revision: A client review of all content input, features and functionality.
- Correction: A client’s requested change of: a documented request made by the client that has not been met, or, content that has been populated with an error.
- Delivery: When the final revision of the website is handed over to the client, and the Review Period begins.
- Review Period: A 14-day period from the delivered website draft with all deliverables included.
- Launch: When the Domain is pointed to the approved website when built on a temporary domain, or, when the client is given access to the website following its approval, or, at the end of the review period should the client fail to return a review document.
- Warranty Period: A 30-day period where the client may request any number of corrections such as errors found in the content, or bugs within a website feature.
Access Requirements
If the Client’s website is to be installed on a third-party server, Adcraft Studio must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Creative Services
Definitions
- Revision: A client review of a delivered round of concept or final concept that has been provided by our team.
- Review Period: A 7-day period from the delivered draft or round of concepts of creative design material with all deliverables included.
- 2nd Round: Adcraft may deliver the 2nd Round of creative concepts where a concept is not selected for development within the first round.
- Correction: A client’s requested change of: a documented request made by the client that has not been met, or, content that has been populated with an error.
- Delivery: Final artwork or design material is provided in the specified format.
Inclusions for Creative Services
- Clients are offered one 1-progress call per fortnight for all one-off projects, or during ongoing services, unless otherwise specified following the initial client brief, or, there is an urgent matter relating to a website managed by Adcraft or content published by Adcraft.
- AdCraft may contact the client for additional material or information during business hours by phone or email that may be required to complete the project.
- For all services where drafted works are submitted to the client, one revision is permitted with an unlimited number of changes and reviews must be returned within a 7-day period unless otherwise specified. Reviews outside of this timeframe will be charged hourly.
- Clients are offered unlimited corrections in one revision submission unless quoted otherwise.
- The Client also agrees that the creative material provided for the Client may be presented in Adcraft Studio’s portfolio.
- On occasion, the Client’s ideals do not match with a Designer’s, and in this instance, our designer’s taste or expertise may not fit your needs. If a concept selection is not made following the 2nd round of concepts, Adcraft Studio reserves the right to return 50% of the deposit, and withhold 50% of the deposit payment as a payment of the services provided to date and end the agreed services.
Recurring Services
- The Client is not locked-in to any minimum period unless specified within the quote.
- The Agreement can be terminated at any given time by providing written notice to the other party 14 days prior to terminating the Agreement.
- If termination of the agreement is requested within 14 days prior to the following period, the client agrees to be charged for work that has been completed by Adcraft for that period including strategic meetings and work, preparation and planning, and drafting any material.
Early Termination of Fixed Term Agreements
If the Client wishes to terminate a fixed-term contract prior to its agreed-upon end date, the Client agrees to pay a break fee equivalent to 50% of the remaining fees due for the unfulfilled portion of the contract term. This fee is intended to compensate Adcraft Studio for the opportunity cost, resources allocated, scheduling commitments, and strategic planning undertaken in anticipation of the full contract period.
Deposits and Payment Schedules
- For single services over $1,500.00+GST, Adcraft Studio requires a 50% deposit upfront unless, with the remaining balance due upon the delivery of the outlined services.
- For works under $1,500+GST, full payment is required upfront.
- The first payment is a non-refundable Deposit. At a minimum, The Client agrees that the Deposit Cost fairly compensates Service Provider for committing to provide the Services and turning down other potential projects/clients.
Payments Advice
- Adcraft reserves the right to change the pricing quoted should the client’s requirements change.
- Fees will be reviewed and increased annually with reference to increases in the CPI for recurring services.
- An invoice will be sent upon completion of work, or at the beginning of the calendar month/week/per visit.
- Nett 14 Days Payment Terms.
- All costs incurred by Adcraft Studio in the collection of any unpaid fees or invoices will be on-charged to the client on a full indemnity basis.
- The Parties agree that any amendments made to the quoted services must be made in writing, or charged at an hourly rate. Services that are requested and are outside of those advertised by Adcraft Studio may incur higher hourly rates and be agreed in writing in advance.
- Outstanding invoices (14-days past the due date) will be automatically charged a 2% administration fee on the balance of the bill and will recur monthly until the payment has been received.
- We reserve the right to stop work if you fail to make payment when and as it falls due and suspend any software subscriptions or licensing paid by Adcraft Studio Pty Ltd.
- Any debts beyond 60 days (unless a prior payment arrangement has been entered into) will be referred to a debt collection agency and any costs associated with recovering such debts will be passed onto the client.
- We reserve the right to review fees for services rendered on a regular basis; any change in price will be notified in writing.
Advertising Performance Disclaimer
- Adcraft Studio provides marketing services using best practices and professional expertise.
- Results are influenced by factors outside our control; rankings, leads, revenue and conversion rates cannot be guaranteed.
- Advertising platform policy, algorithm, auction and placement changes may impact performance.
- Clients remain responsible for ad spend and budget decisions.
Contractor Liability Protection
Adcraft may engage contractors where required. Adcraft is not liable for contractor delays beyond reasonable control, contractor platform outages, or third-party tool failures. Adcraft remains responsible for reasonable coordination and oversight.
Platform Outage Protection
Adcraft is not responsible for disruptions caused by hosting providers, advertising platforms, CMS or plugin failures, algorithm changes, or third-party API outages.
Modern Marketing Compliance
Clients agree that all supplied content and advertising materials comply with Australian Consumer Law, the Privacy Act, the Spam Act, applicable advertising standards, and intellectual property laws. Clients indemnify Adcraft against breaches arising from client-supplied content.
Limitation of Liability
Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to Adcraft Studio’s Services or the transactions it contemplates (including breach of contract, tort, negligence, or another form of action)—if said damage is the direct result of one of the party’s negligence or breach.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of a quote, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment for services is an acceptance of our terms and conditions.
This Agreement shall be governed by Australian Law.
Additionally, Adcraft’s total liability is limited to fees paid for the relevant services to the maximum extent permitted by law.
Dispute Resolution
- Attempt good faith negotiation.
- If unresolved, participate in mediation.
- Only commence court proceedings if mediation is unsuccessful.
Each party bears its own mediation costs unless agreed otherwise.
Governing Law
These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have non-exclusive jurisdiction.