Terms & Pricing

Agreement to work with, submission of design questionnaire and payment of a deposit (if applicable) to AblyCreative constitutes agreement to these terms and conditions.

“The Client” agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. AblyCreative endeavours to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.

If the work time exceeds 4 calendar weeks in duration, “The Client” (if applicable) agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.

“The Client” agrees to allow AblyCreative to showcase any/all work created in the course of a project as part of the AblyCreative portfolio. AblyCreative acknowledges the confidential nature of projects and agrees to only display project work once product/service has been publicly launched. AblyCreative will first send an email to “The Client” requesting approval to do so. Under no circumstances, AblyCreative will publish content without “The Client” consent.

AblyCreative may make any changes to the Scope of Work, design, materials or functionality of the deliverables or provision of the Services: (a) which are required to comply with any applicable legal or regulatory requirements; (b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or (c) which in AblyCreative’s reasonable opinion, do not materially affect the quality or performance of the Services.

If at any time “The Client” wishes to make any alterations to all or any part of the services including the Scope of Work, and/or Customer Materials and/or data then “The Client” will provide AblyCreative with full written specifications of such alterations and with such further information as AblyCreative may require.

AblyCreative will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what changes (if any) will be required to the services including fees and the deliverables.

Upon receipt of such quotation “The Client” will either: (a) accept such quotation, in which case the services will be deemed to be amended accordingly; or (b) withdraw the proposed alterations in which case the agreement will continue in force unchanged.

While AblyCreative takes all care to avoid errors, AblyCreative accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve all final copy before the production of work. The email verification of the Client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by “The Client’s” proofreading.

AblyCreative retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of AblyCreative. AblyCreative may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, AblyCreative retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until the final payment, AblyCreative retains ownership of all the work produced. AblyCreative reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items.

AblyCreative reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of AblyCreative all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by AblyCreative shall be outlined in the Project Proposal. For additional usage, the price will be assessed as needed.

In accordance with the American Copyright Act (1976), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of AblyCreative till such time an agreement is in place. As part of AblyCreative terms of business, the copyright license is automatically released to the client on receipt of the final payment for the commissioned work. AblyCreative reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting AblyCreative in print or digital media portfolios, social media, and blogs, except where the client has specifically requested in writing otherwise.

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to AblyCreative. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by AblyCreative and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $50 per hour.

If a project is cancelled by AblyCreative, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the AblyCreative.

“The Client” agrees to allow AblyCreative to place a small credit on printed material exhibition displays, advertisements and/or a AblyCreative on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow AblyCreative to place websites and other designs, along with a link to the client’s site on AblyCreative own website for self-promotional purposes.

Research, insights, data, design, strategy, photography, illustration, writing and marketing are all highly creative and subjective art forms. As such AblyCreative takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however AblyCreative cannot be held responsible for variations between expectation and outcome.

All information contained in our website is intended for general information purposes only. The information is provided by AblyCreative. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. AblyCreative will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. AblyCreative has no control over websites that are linked to on this website.

Those third-party websites are under the control of their owners, and AblyCreative will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.