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Create and Flow

Terms and Conditions

1. GENERAL

  1. These Terms and Conditions shall apply to the provision of all of Create and Flow’s services, including Web Design, Photography, Graphic Design, Video Services, Print-on-Demand products, and digital products.
  2. Create and Flow will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our Clients. It is, however, important to agree to certain contractual aspects in order to protect both parties.
  3. 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.

 

2. INTERPRETATION

In these Terms and Conditions and any Contract to which these terms and conditions apply, unless the context otherwise requires:

  1. Conditions mean these Terms and Conditions to be read and construed with each Estimate/Quotation provided by Create and Flow.
  2. Client or Customer means the purchaser of products and/or services from Create and Flow. If the Client comprises more than one person, each of those person’s liability and agreement is joint and several.
  3. Where the Client is a trust, the trustee’s liability shall not be limited to the assets of the trust.
  4. Contract means an agreement between the Client and Create and Flow comprising of the Estimate/Quotation, Conditions, and any variation agreed to in writing.
  5. Unless agreed in writing:
    1. In the event of conflict between these Conditions and any agreement or contract, these Terms and Conditions shall prevail.
    2. Estimates/Quotations by Create and Flow remain open for acceptance for 28 days from the date of the Estimate or Quotation.
    3. Quotes vs. Invoices: A quote is an estimated cost based on the initial scope of work provided by the client. While we strive to adhere to the quoted price, any additional tasks, changes, or requests made after the quote has been provided may result in additional charges. These will be reflected in the final invoice. The invoice represents the actual cost of the work completed, including any extra services or revisions not covered in the original quote.

 

3. TIMEFRAMES

  1. Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 week to 6 months after approval of design and plan, depending on the scale of the work. Time-frames for the project will be discussed with the client, before the project commences. Create and Flow will do their best to complete the project as soon as reasonably possible.
  2. For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

 

4. WEB DESIGN

  1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Create and Flow cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  2. The website, graphics and any programming code remain the property of Create and Flow until all outstanding accounts are paid in full, unless provided by the client previously.
  3. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Create and Flow remain the copyright of Create and Flow and may only be commercially reproduced or resold with the permission of Create and Flow.
  4. Create and Flow cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  5. Any additions to the brief will be carried out at the discretion of Create and Flow and where no charge is made by Create and Flow for such additions, Create and Flow accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
  6. The client agrees to make available as soon as is reasonably possible to Create and Flow all materials required to complete the site to the agreed standard and within the set deadline.
  7. Create and Flow will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  8. Create and Flow will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
  9. Create and Flow will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  10. Create and Flow will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
  11. For any services or integrations that require a third-party subscription (e.g., software platforms, automation tools, or plugins), it is the client’s responsibility to maintain active and valid subscriptions. Create and Flow is not responsible for any functionality issues, disruptions, or failures in service that occur due to the client’s decision not to pay for or renew such subscriptions. Any time spent troubleshooting, reconfiguring, or updating services due to lapsed or unpaid subscriptions will incur additional charges.
  12. Proofs may be submitted for Client approval. Create and Flow will not be liable for errors not corrected by the Client in the proofs or within 24 hours of going live if due notice has not been given from the client to Create and Flow.

 

CONTENT

  1. During the project, Create and Flow will require the Client to provide website or graphic design content; text, images, movies and sound files. Create and Flow is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.
  2. This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
  3. If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
  4. Please Note: Text content should be delivered as a Google Doc, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

 

ADDITIONAL WORK AND EXPENSES

  1. If the client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.
  2. Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.
  3. Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.
  4. Client agrees to reimburse Create and Flow for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.

 

WEB BROWSERS

  1. Create and Flow makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Mozilla Firefox, Microsoft Edge, Google Chrome, etc.). Client agrees that Create and Flow cannot guarantee correct functionality with all browser software across different operating systems.
  2. Create and Flow cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Create and Flow reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

DESIGN CREDIT

  1. A link to Create and Flow will appear in either 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $3000, a fixed fee of $100 will be applied. The Client also agrees that the website developed for the Client may be presented in Create and Flow’s portfolio and other marketing material.

 

CONTRACT FORMATION

No contract shall come into existence until the Client’s order has been accepted by Create and Flow. A Client may place an order by:

  1. Accepting the Estimate or Quotation via Create and Flow’s website, telephone, email, or in writing.
  2. Paying the deposit referred to in the Estimate or Quotation.
  3. Communicating the order to Create and Flow otherwise. The client cannot cancel a contract after an order has been accepted and is bound to pay the quoted price.

 

PAYMENT

  1. Prices are in New Zealand currency and exclusive of GST.
  2. A 50% deposit is required before work commences, with the remaining 50% payable within 14 days following completion.
  3. Invoices for ongoing or recurring work will be issued monthly and are payable within 14 days.
  4. Late payments incur a 14% per annum interest rate, and any costs related to enforcement of payment will be borne by the Client.
  5. Create and Flow reserves the right to halt work for unpaid invoices.

 

WORKING HOURS AND DEADLINES

  • Create and Flow operates between 9:30 AM and 2:30 PM, Monday to Friday. Work outside these hours is not guaranteed unless agreed upon.
  • While every effort will be made to meet deadlines, we are not on call during non-working hours.
  • Communication is key; project timelines may shift if feedback or communication from the Client is delayed.

 

INTELLECTUAL PROPERTY

  1. Create and Flow retains copyright on all images, designs, documents, and reports unless otherwise agreed.
  2. The Client will be granted a license to use the materials for the intended purposes, but the copyright remains with Create and Flow.
  3. Logo design intellectual property rights will transfer to the Client upon full payment.
  4. Access to design files in other formats may incur additional charges.

 

LIMITATION OF LIABILITY

  1. Create and Flow is not liable for any indirect or consequential damages, including loss of profits or customer conversion on e-commerce websites.
  2. Create and Flow will not be responsible for issues related to third-party apps, services, or APIs outside of its control.
  3. The Client agrees to defend, indemnify, and hold Create and Flow harmless from any claims arising from the services provided.
  4. Neither party will be liable to the other for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on a party by any third party.
  5. Neither party will be liable to the other for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
  6. You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Website/Software or Internet), or for any content submitted by you for publication by us.
  7. If, despite the other provisions of this agreement, Create and Flow is found to be liable to you then its liability for any single event or series of related events is limited to the total fees payable to us under this contract.
  8. Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Create and Flow does not screen in advance customer material submitted to Create and Flow for publication. Create and Flow publication of material submitted by customers does not create any express or implied approval by Create and Flow of such material, nor does it indicate that such material complies with the terms of this agreement.

 

5. PHOTOGRAPHY SERVICES

  1. Cancellation: If the Client shall cancel this Agreement more than six (6) calendar days before the photo shooting day, any booking fee paid to Create and Flow shall be refunded in full if Create and Flow is able to re-book the same date. If Create and Flow is NOT able to secure another client for the date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the booking fee.
  2. Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of Create and Flow. Create and Flow shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
  3. Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than Create and Flow. If Client is obtaining a print for reproduction, Create and Flow authorises Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for Create and Flow be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
  4. Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
  5. Failure to Perform: If Create and Flow cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to Create and Flow’s illness, then Create and Flow shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Create and Flow. In the event Create and Flow fails to perform for any other reason, Create and Flow shall not be liable for any amount in excess of the retail value of the Client’s order.
  6. High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels in the longest edge.
  7. Create and Flow keeps client files for up to 2 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
  8. Liability: It is client’s responsibility to take care of the children; Create and Flow will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session.
  9. It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the venue (wedding, portrait, family photography , etc.) while Create and Flow is working, and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to Create and Flow and loss of initial deposit by the client.
  10. Client accepts that all photographs will be taken and edited at Create and Flow’s discretion based on Create and Flow’s experience and artistic view. If the client has special requests shall create a “shot list” of all shots that they require.
  11. All deliverable images as per contract will have standard image editing (including: light skin retouch, light and colour adjustments). Any extra edits requested by the client will cost the client $80 per image if accepted by Create and Flow. extra image adjustments include (change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background). It is also understood that unless hair and makeup is included in the contract, Create and Flow is not responsible to fix hair or skin, or makeup problems.
  12. It is understood that Create and Flow is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with Create and Flow in writing.
  13. Create and Flow(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Each photographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, Create and Flow(s) reserves the right to go of-site for a meal for 45 minutes.
  14. It is understood that it is clients responsibility to inform Create and Flow by email for any date or location changes (including but not limited to wedding dates, baby delivery for birth or hospital photography). Create and Flow does is not liable for any claims for messages sent by mobile text messages or social network websites.
  15. Photo Cooperation: In the event that the family/guests are taking photos, Create and Flow is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Create and Flow is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
  16. All the communications with Create and Flow or the Studio shall be made in English and in Writing.
  17. Extra Work and Revisions: Any revisions beyond the initial project scope will be charged at $90 per hour.
  18. Image Delivery & Editing 18.1. Images will be delivered within 2 weeks of the wedding. 18.2. Create and Flow retains the right to select and edit images in their professional style. Raw images are not provided.

 

6. GRAPHIC DESIGN SERVICES

  1. Scope of Services: Create and Flow will provide graphic design services as detailed in the project proposal. Any changes or additions to the scope may require an amendment and may incur additional charges.
  2. Client Responsibilities: The Client shall provide all necessary content, materials, and clear instructions for the project.
  3. Payment: A non-refundable 50% deposit is required before work commences, with the remaining balance due upon completion.
  4. Extra Work and Revisions: Revisions beyond the project scope will be charged at $90 per hour.
  5. Project Timeline: Create and Flow will provide an estimated timeline, with Client-caused delays potentially extending the timeline.
  6. Intellectual Property: Upon full payment, Create and Flow grants the Client a non-exclusive, royalty-free license to use the graphic design materials for specified purposes.
  7. Content Ownership: The Client warrants ownership or licenses for any provided content and will indemnify Create and Flow against claims related to content ownership.

 

7. PRINT ON DEMAND PRODUCTS

This article outlines the quality guarantee and return policy for orders fulfilled through Create and Flow. It covers what is covered by the quality guarantee, how to report an issue with an order, what happens when an order is lost in transit, and what options are available for returned orders.

 

QUALITY GUARANTEE

  1. We want you to be satisfied with the quality of the products you order through Create and Flow. If you are not satisfied with the quality of a product, please let us know within 30 days of receiving the item and we will do everything we can to investigate and find a solution.
  2. Create and Flow will pass this information onto its print provider. If their quality control team confirm your claim, we will be happy to send a complimentary replacement order to your customer as quickly as possible. We’d much rather fix any problems and send a replacement order to make sure your customers are happy with their orders.
  3. If a replacement order is not feasible, or you can’t wait for a new order to arrive, please indicate that when you reach out to us and we’ll give you a refund.

 

COLOUR CONSISTENCY

  1. Create and Flow’s POD Partner uses the same print machines, paper types, and work processes as our print partners to minimise color variations. However, printing is a chemical process and 100% consistency cannot be achieved. Multiple factors influence the colour, consistency, and final result, including:
  • Machine type
  • Machine settings
  • Paper types
  • Humidity in the room
  • When the machine was last cleaned
  1. Colour variations that may occur due to the above-mentioned reasons lie within acceptable tolerance levels and are not covered under our quality guarantee.

 

DEFECTIVE OR DAMAGED PRODUCTS

  1. If you receive defective or damaged orders that were not caused by the content provided by you or your customer, Create and Flow’s POD Partner will cover the costs of a new order. This includes:
  • Damage to the delivered products
  • Errors in the number or quantity of the delivered products
  • Lack of quality of the delivered product

 

RETURN POLICY

  1. We currently do not support returns because the products ordered are personalized and made specifically for each order. Should you want to submit a new order, you will be liable for the costs of the new order.

 

LOST ORDERS

  1. For packages lost in transit, please get in touch within 30 days from the estimated delivery date. Create and Flow’s POD Partner will be happy to send a replacement order on your behalf.

 

8. DIGITAL PRODUCTS

  1. This Agreement (“Agreement”) is made effective by and between Create and Flow purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Create and Flow’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

 

DIGITAL PRODUCT USAGE

  1. After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available.
  2. Create and Flow hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Create and Flow suspects that the Product is being shared with another party, Create and Flow reserves the right to immediately terminate Client’s access to the Product.
  3. Client may use the Product for his/her own personal use and business use and may modify the language as he/she sees fit. Client is not obligated to tag or give credit to Create and Flow for the copy in the Product he/she uses, posts, or shares.

 

FEES AND PAYMENT PROCESSING

  1. In consideration for access to the Product provided by Create and Flow, Client agrees to compensate Create and Flow the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Create and Flow reserves the right to collect any and all outstanding receivables.

 

REFUND POLICY

  1. Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.

 

PERSONAL INFORMATION

  1. By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Create and Flow access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Create and Flow on any changes to his/her identifying information.
  2. The billing information provided to Create and Flow by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

 

COPYRIGHT

  1. Upon delivery of the digital product to Client, Create and Flow hereby transfers and assigns to Client all copyrights regarding the Product.

 

WARRANTIES AND LIABILITY

  1. Create and Flow makes every effort to ensure that the Product is accurate and fit for the use of Create and Flow’s customers. However, Create and Flow takes no responsibility whatsoever for the suitability of the Product, and Create and Flow provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Create and Flow against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Create and Flow shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

 

FORCE MAJURE

  1. If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

 

GUARANTEES

  1. Create and Flow does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

 

RELEASE AND REASONABLE EXPECTATIONS

  1. Client has spent a satisfactory amount of time reviewing Create and Flow’s business and has a reasonable expectation that Create and Flow’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
  • Every client and final result using the Product is different;
  • The Product is intended for a mass audience.

 

9. MISCELLANEOUS

  1. The Client may not assign rights or obligations under this Contract without Create and Flow’s consent.
  2. These Terms and Conditions are governed by New Zealand law.
  3. Create and Flow reserves the right to sub-contract any part of its services.

 

10. ABUSE

  1. We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Create and Flow team members.

 

11. COLLECTION AND DISCLOSURE OF INFORMATION

Create and Flow may collect and use information for purposes such as direct marketing, debt recovery, and credit reporting.

 

12. SEVERABILITY

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

13. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of New Zealand, and both parties submit to the non-exclusive jurisdiction of New Zealand courts.