Terms and Conditions
For the purpose of these terms and conditions “The Client” refers to the person we are working with, and “Bluegum Creative” refers to our team members who will be providing the service to you. Bluegum Creative reserve the right to change, modify, add or remove sections of the terms and conditions at any time and will make the client aware of any changes that occur.
- Commencement of work: Bluegum Creative will begin working on a project once there is written confirmation of the project and the first initial instalment/full payment of the project has been made. Quotes will expire after 30 days. Written confirmation of the project will also mean that the client has bound themselves to these terms and conditions.
- Contract Agreement: The contract will only be between Bluegum Creative and the client. Any third party involvement will require both parties to agree in writing. The client agrees to indemnify Bluegum Creative against any claim for compensation or damages caused as a direct or indirect consequence of the work provided by Bluegum Creative. While working with Bluegum Creative, the client agrees and accept that Bluegum Creative is not legally responsible for any loss or damage that the client may suffer while using our services or website.
- Pricing: The client will be expected to pay 50% upfront unless the project is under $500. Any project under $500 will need to be paid in full. The project will commence once the payment has been approved and finalised. If the project is over $500, the remaining amount must be paid within seven calendar days upon completion of the original contract. The initial payment or instalment is non-refundable. If you decide to cancel throughout the term of the contract, you will be billed for the hours of work performed by Bluegum Creative and Bluegum Creative will also keep the initial instalment. In the case of a retainer, you will need to pay 50% of the agreed monthly cost plus any additional hours of work that have been performed by Bluegum Creative. Bluegum Creative will provide an invoice for the services.
- Additional Late Fees: The client will be charged a 5% late payment fee 14 calendar days after the final payment is due.
- Copyright: Bluegum Creative has copyright of the work provided for the client. Upon completion of the contract, the client will have copyright of the work. Bluegum Creative will be allowed to use the work for promotional purposes unless agreed to in writing by both parties. Bluegum Creative does not take responsibility for any loss or damages that may incur due to content creation provided for social media accounts and websites. It is the client's responsibility to ensure that all facts are correct and submit any work for legal review if required. Bluegum Creative will make every effort possible to fact-check and proofread all work, however, does not guarantee that the work will be free from any grammatical, typographical or factual errors. It is the client’s responsibility to ensure all material is factual and correct.
- Renewal of Contract: Once the initial contract term is completed, the contract will automatically renew for subsequent periods of the same duration. If the client wishes to terminate the contract, they must provide written confirmation of termination of the project 14 days before renewal. The client will receive notice of any changes in price, 30 days prior to the end of their contract. Changes in price will not affect the current contract.
- Confidentiality: Bluegum Creative is bound by confidentiality and will not share any details of your business or marketing strategy to any third parties.
- Information Shared with Bluegum Creative: The client must provide access to their social media accounts and analytics for Bluegum Creative to effectively work with the client. The client must also provide information about their brand, marketing strategies and ideal target market for Bluegum Creative to provide their services.
- Edits: Copywriting Services include two rounds of edits. Edits will be confirmed in writing. Further edits or rewrites will incur additional fees. Modifications of the quote or changes mid-term of the contract will also incur additional fees. All changes must be confirmed by both parties in writing.
- Retainers: Retainers will be billed monthly and paid within seven calendar days from the invoice date. Proof of payment will be required before Bluegum Creative can begin work.
- Debt Collection: If payment is outstanding more than 30 days, it will be sent to a debt collector. The client will be required to pay the debt collection fee as well as the original invoiced statement (plus any late fees that have accumulated in that time frame).
- Timelines: Timelines will be confirmed between client and Bluegum Creative during the initial consultation. Goals included in the timeline will be drafts, schedules of when content is to be posted and when the finished project will be completed. If there is an emergency with either the client or member of Bluegum Creative, the expected dates and timelines will be shifted accordingly and agreed to in writing. Rushed projects and tight deadlines will incur an additional fee of 25%, and 100% of the project will be required to be paid upfront.
- Extra Costs: Any costs associated with work performed for the client will be billed and invoiced to the client. This includes postage, products, travel or accommodation.
The client is responsible for ensuring that their ideas or products are not trademarked or in any infringement of copyright laws. Bluegum Creative is not accountable for any laws broken by the client. The client agrees to indemnify Bluegum Creative from any legal fees, claims, costs and expenses.
These terms and conditions overrule any verbal conversations and any assumptions made by the client. If the client requests any further terms and conditions or modification of these terms, they will be provided in writing before the first invoice is paid. Any waiver of the breach of specific conditions cannot be construed as a waiver and/or breach of the entire agreement. These terms and conditions are governed by Australian law, and you agree and submit to exclusive jurisdiction in the Australian courts. The client accepts these terms and conditions through payment of the first instalment or the entire amount of the project.