Terms & Conditions

Please reach out if you have any questions.

Let’s Talk Our Work

Interpretation

For the purpose of this agreement and unless otherwise stated in writing:

“BEAL Creative” shall mean BEAL Creative PTY LTD, ABN 89 659 001 591 and its respective successors and assigns.
“Buyer” shall mean the Buyer named on any quote, invoice, purchase order, or any other document produced in relation to this agreement, or any person acting on behalf of and with the authority of the Buyer.
“Goods” shall mean all Goods supplied by BEAL Creative to the Buyer or ordered by the Buyer but not yet supplied and includes Goods described on any quote, invoice, purchase order, or any other document including any recommendations and advice.
“Services” shall mean all Services supplied by BEAL Creative and includes any Services outlined in any quote, invoice, purchase order, or any other documentation produced in relation to this agreement including any recommendations and advice.

Acceptance of Quotes

Quotes are valid for 30 days from the date they are received by the Buyer.
Acceptance of the quote will constitute acceptance of BEAL Creative’s Terms and Conditions. Acceptance of the quote is confirmed by written acceptance of the quote; or providing written instructions to BEAL Creative to proceed. The Buyer warrants that the persons accepting the quote and/or providing instructions to BEAL Creative to perform the Services are duly authorised by the Buyer.
Any Services that aren’t expressed in a quote will be charged at our standard rate of $150/hour excluding GST.

New Work, Requests for Changes or Problems

All requests for new work, changes or problems MUST be communicated to BEAL Creative via email to hello@bealcreative.com.au.
Any other form of communication will not be accepted OR responded to.

Website
- Unless specified, general updates to website will be completed within 3-5 business days at our standard hourly rate of $150+GST.
- Rush updates inside of 24 hours are charged at $180+GST, we will advise if this charge will be applied.
- Subject to availability, we will attempt to resolve problems with websites, emails or hosting within a 24 hour period.
  - Problems that occur during weekends may caused delays in problems being resolved within a 24 hour period.

Client’s Responsibilities

To ensure a successful project outcome, we require the client to provide content, feedback and approvals in a reliable, accurate and timely manner. Content includes but is not limited to logos, text, photos, videos, graphics, or animations. Delays caused by Buyer unavailability, late delivery of assets, or change requests may affect project timelines and may incur additional fees.
Feedback or requests are to be provided via email, marker.io or through a screen recording with voice over – updates and any requested work will not proceed unless feedback or requests are provided in this manner.
BEAL Creative will provide email approval requests at certain stages of a project. Approval for any work MUST be provided by email to hello@bealcreative.com.au. Any other form of communication for approval will not be accepted, delays in providing approvals can delay projects.

Communication

Unless permitted or of an emergency, communication from the Buyer via phone or text messages is NOT permitted outside the hours of 9am – 5pm Monday to Friday.
Emergencies are considered and subject to staff availability
- Website not live
- Website payment feature is not working
All other issues MUST be emailed to hello@bealcreative.com.au
If in the event a Buyer communicates outside of the permitted hours via phone or text message, a warning will be communicated via email.
- Continued communication from the Buyer outside of the permitted hours will result in permanent blockage of the Buyers phone number.
- If a number is blocked and the Buyer attempts to make communication via another number, we will termination of any work with the Buyer and the Buyers working relationship.
- All monies owed will need to be paid to release any work.

Delays

BEAL Creative will not be liable for any failure or delay in the delivery of Services in relation to quoted work.
Buyer caused delays may result in variation to the price of the quote and scheduled completion date.

Cancellations / Re-Scheduling

Photo / Video Capture
- Cancellations made with more than 7 days’ notice are eligible for a full refund.
- Cancellations made within 7 days of the booking time are eligible for a 90% refund.
- Cancellations made within 48 hours of the booking time are eligible for an 80% refund.
- Rescheduling is subject to availability and must be confirmed at least 72 hours prior to the booking time.
Termination of agreement
- In the event that the Buyer terminates the agreement the Buyer shall be liable for all costs and expenses incurred by BEAL Creative up to the date of receipt of notice of termination by the Buyer, including costs which BEAL Creative is liable to pay after the date of receipt of the notice. The Buyer hereby authorises BEAL Creative to deduct all expenses incurred by BEAL Creative up to the date of termination from any deposit held by BEAL Creative in relation to the works. The Buyer is liable to pay for any costs exceeding the deposit held.

Notices

Any changes to the Buyer details including name, address, telephone, email or any changes in ownership structure of the Buyer required written notice to BEAL Creative within fourteen (14) business days of such changes being made.

Payment Terms

Website
- Unless specified website payment terms are paid in 3 stages
  - 40% of the accepted quote is payable upon acceptance of the quote.
  - 30% after the designs has been approved, triggering the development of the website
  - Remaining 30% is due prior to the website going live.
- 40% deposit is non-refundable once any work has commenced.
- Any additional approved charges during the project will be invoiced with the balance payable of the completion of the project.
Photography / Video Capture
- 100% of the quoted price is required to secure all photography / video booking time.
- Travel within 10km of 411 Kiewa St, Albury NSW 2640 is included.
- Locations outside this radius may incur travel or accommodation charges.
  - These fees will be outlined in the quote.
  - Arriving on time for photography / video capture is essential
    - Delays exceeding 15 minutes or more may result in a shortened session or additional charges.
- Unless specified photography / video capture rates are as followed.
  - $250+GST for a 1-hour shoot
  - $700+GST for a half-day shoot (3 to 4 hours)
  - $1200+GST for a full-day shoot (6 to 8 hours)
Time outside to the hours detailed above will be charged at $250+GST per hour
Video Creation
- Video duration is to be agreed upon prior to the initial deposit.
  - A initial 50% deposit is required to commence all video creation.
  - The initial deposit is non-refundable if any work has commenced.
  - The remaining 50% is due upon delivery of the final approved video, prior to release of final files.
- Unless specified video creation is charged at $1000 +GST per finished minute of edited video.
- All videos include up to two rounds of revisions.
  - Additional revisions will be charged at an hourly rate of $150+ GST.
- Video lengths and budgets will be outlined in the quote based on the brief provided.
  - Any changes to videos lengths will be agreed upon and confirmed via email prior to video changes.
  - Changes outside the agreed scope may result in additional charges.
- Edited video files are stored for six months.
  - Extended archiving is available upon request and may incur a storage fee.
Advertising
- Monthly fees are invoiced 2 weeks prior to the start / continuance of any work. Unless prior agreements are made, work may be suspended if payment is not received by the start / continuance date of any work.
General
- All accounts are to be settled in full by the due date.
- Payment terms of 14 days from invoice
- Should the Buyer default in the payment of any monies due under this agreement, than all monies due to BEAL Creative will become due and payable with fourteen days of the date of demand. BEAL Creative shall be entitled to charge interest on all amounts not paid by the due date for payment and the Buyer undertakes to pay any interest so charged. Interest will be charged on a daily basis from the due date at 3% per month or part thereof.

Intellectual Property

Any material whatsoever which may be subject to any form of trademark or copyright that is displayed as part of the website is to be supplied by the client or related parties who warrant to have obtained all proper consent necessary for use of such material.
Where BEAL Creative produces any strategy, design, pattern, code, or specification during the manufacture or the services, intellectual property in them remains with BEAL Creative, BEAL Creative Buyers who have paid for strategy, design, pattern, code, or specification during the manufacture or the services, are entitle to a shared licence of BEAL Creatives IP.
Websites
- BEAL Creative retains ownership of all code unless otherwise agreed in writing.
- Spacer Block code is the sole IP of BEAL Creative, this code is not to be shared with other parties.
- Use beyond the agreed scope may require additional licensing.
Photography / Video Footage
- BEAL Creative retains ownership of all raw footage unless otherwise agreed in writing.
- Use beyond the agreed scope may require additional licensing.
- Final, edited videos are licensed to the client for use across agreed platforms and channels.
- BEAL Creative reserves the right to use completed videos for portfolio, showreel, social media, and other promotional use unless otherwise agreed in writing.

Title & Risk

Risk passes to the Buyer upon delivery of the Services. The Services shall remain the property of BEAL Creative until all debts due are paid in full.
If the Buyer fails to pay the debt owed by the due date for payment, BEAL Creative reserves the right to suspend any and all accounts associated with Buyer’s account.
If debts are not settled within 30 days, and no discussions have been had with BEAL Creative debt collectors will be engaged to to recover any and all outstanding monies.
The Buyer shall indemnify BEAL Creative against any loss or expense arising from the Buyer breaching this contract.
BEAL Creative will not be liable to the Buyer for any loss or damage the Buyer suffers because BEAL Creative exercised its rights under this clause.
Indemnity & Qualifications
The Buyer agrees that no claim shall be made against BEAL Creative and any of its directors, officers, partners, employees or agents (“Indemnity Persons”) to recover any loss or damage which the Buyer or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the Services described in this quote.
The Buyer must indemnify and keep indemnified BEAL Creative and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss”) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of Goods or Services, described in this quote, including without limitation legal costs on a full indemnity basis.
The maximum amount for which BEAL Creative or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Buyer or related party as a result of or in connection with this quote, is the total fees paid to BEAL Creative in relation to this engagement.
The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of this quote for the benefit of BEAL Creative

Data Security

BEAL Creative is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services. The Buyer is responsible for the use of the Services, and any person who gains access to your data or the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.

Coding Warranty

All BEAL Creative websites and progressive web apps include a three month coding warranty, which commences the date the website or progressing web app is uploaded and live on the clients server.
The website warranty covers any defects, bugs or other service issues resulting from the development process. A ‘bug’ is considered any website or progressive web app feature that is not performing as it was when the site was approved to go live. This does not included content changes.

Force Majeure

No party under this agreement shall be liable for any breach of any provision of this contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of any party.

Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Courts of Victoria. The Buyer submits to the jurisdiction of the Courts of Victoria.

General

If any Terms or Conditions contained in the document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.

Variations

This order cannot be altered, varied or modified without the written consent of BEAL Creative and any variations to the order may be charged for.