The Creative Collective (“Website” or “TCC”) is owned and operated under CVE LIMITED NZBN 9429042457459.
1. Terms of use
1.1. By accessing the website and/or engaging TCC for our services, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”). Your access to and use of the Website is subject to these Terms of Use.
1.2. TCC reserves the right to amend the Terms of Use at any time at its sole discretion. Your continued access to and use of the Website after such change constitutes your acceptance of the changes. As such, please review the Terms of Use periodically.
2. Services
2.1. TCC provides professional, personalised content management, copywriting, social media management and brand consulting services. When sending a request for services to TCC, you will receive a no obligation, non-binding price quote and/or proposal. Quote inclusions will be specified in the correspondence.
2.2. Copywriters, designers and editors work from a standardised set of guidelines that describes in detail the process by which all work is created.
2.3. Any content created by our copywriters and designers will become the copyright of the client once the full invoice has been settled.
3. Links
3.1. This Website, including eNewsletters and social media profiles, may contain links to third party websites. The inclusion of a link does not imply that TCC endorses, has investigated or verified the linked websites. TCC makes no warranty or representation concerning these links or the linked websites and you acknowledge that TCC is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
3.2. All prices displayed of services advertised on the website can be changed without notice.
4. Changing and discontinuing content
4.1. TCC reserves the right to alter the Website and any content at any time. TCC may discontinue, temporarily or permanently, the Website (or any part thereof), whether for maintenance or for any other reason, with or without notice.
4.2. You agree that TCC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
5. Intellectual property
5.1. The information, text materials, graphics, logos, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Website are protected by copyright, trademark and other intellectual property laws.
5.2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by TCC or by the owners of that content, in a separate agreement.
6. Services and work
6.1. The Client acknowledges that from time to time, TCC engages sub-contractors to assist with projects.
6.5. The Client agrees for TCC to place its work, along with a hyperlink to the Client’s site on the Website for promotional purposes, unless agreed to the contrary in writing by both parties.
6.6. For copywriting and content work, TCC will provide the Client with two rounds of amendments with no extra cost within fourteen (14) days of first draft submission to the Client for review. (“Review Period”)
6.7. For design and website work, TCC will provide the Client with one round of amendments with no extra cost within fourteen (14) days of first draft submission to the Client for review. (“Review Period”)
6.8. Request for amendments are to be made via e-mail to TCC and should detail and provide clear directions and guidance to what amendments are required. TCC will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within fourteen (14) days of the commencement of the review period. The Client will then be provided with the final invoice to settle the project. Where a client wishes to “restart” the project following the fourteen (14) days of no emails requesting a change – there will be a re-start project fee of 30% of the total quoted project price.
7. Deadlines
7.1. All dates and times provided for the delivery of the content are approximate, and based on previous orders of the same size.
7.2. TCC cannot be held liable for any loss or damage caused by a later delivery time than the approximate one.
8. Delivery
8.1. Completed tasks will be delivered through the use of Email(s), Google Docs, and/or the use of Dropbox unless otherwise discussed and agreed with the client.
9. Confidentiality
9.1. TCC acknowledges that we may be privy to confidential information in the form of sensitive or unpublished material. We will not at any time disclose to any third party any information that is identified as confidential by the Client.
9.2. Wordfetti will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. This clause shall be binding on any employees, agents or subcontractors of TCC.
9.3. Owing to the nature of the business, TCC does collect personal information from clients. For further information about how we store this personal information, please read our Privacy Statement.
10. Payment
10.1. Payment of services from TCC are in NZD.
10.2. For all copywriting and content creation services, a non-refundable 50% deposit is required and payable upon request and acceptance of the initial proposal/quote. A project will not commence until the non-refundable 50% deposit is paid to confirm. The final 50% is payable upon the completion of the project.
10.3. Once the 50% deposit is paid, it will then be strictly non-refundable if the Client chooses to cancel and terminate the project prior to completion.
10.4. Where a Client has paid a 50% deposit, to secure a project commencement date, however wishes to change the project commencement date, a minimum of fourteen (14) days notice must be provided to TCC. Where the Client fails to provide appropriate notice, the Client acknowledges that a 30% (of the total quoted project price) restart fee, will be payable on the final invoice.
10.5. Any refunds or cancellations will be at the discretion of TCC, for exceptional circumstances.
10.6. The Client guarantees to TCC the due and punctual payment of any sum payable by the Client to TCC. The preferred method of payment is by direct bank deposit. However, payment may also be made by credit card (Visa or MasterCard).
10.7. In the event of non-payment:
(a) all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
(b) where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
11. Disclaimers
11.1. TCC does not warrant that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.
11.2. You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside TCC’s control.
12. Limitation of liability, consumer law and indemnity
12.1. TCC, nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
a. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
b. any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or
c. any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
i. the use of the Website and or TCC;
ii. the use of information and or advice provided by you through TCC; or
iii. you or anyone else being unable to access the Website for any reason.
12.2. You indemnify TCC against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by TCC, arising out of, or in connection with:
a. your breach or non-observance of any term of these Terms of Use;
b. any Content submitted by you; or
c. any breach or inaccuracy in any representations or warranties made to TCC by you.
13. Delay
13.1 You shall make all reasonable efforts to provide needed information, materials and approvals to TCC in a timely manner. Parties should in writing, inform the other party using all reasonable efforts, should a delay occur or be expected to occur. You understand that any delays by you will result in a day for day extension of the due date for all deliverables.
13.2. We will presume that you have accepted our work with no changes, if no emails requesting changes were made within ten (10) days of the last draft provided by TCC to you.
13.3 . TCC shall not be liable for any failure or delay in supply or delivery of Services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to: war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, natural disasters, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism. Should such event occur, it will result in a day for day extension of any performance or deliverable due.
14. Law enforcement
14.1. TCC reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
15. Privacy
15.1. You agree to comply with TCC’s privacy policy, guidelines and statements as may be applicable from time to time. TCC’s Privacy Policy can be accessed on the Website.
16. Amendment of terms and conditions of use
16.1. TCC is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.