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TERMS & CONDITIONS

THE CONTRACT

We will always do our best to fulfil your needs and achieve your goals. However, it is important that both parties clearly understand their responsibilities and obligations throughout the project.

These Terms & Conditions form a legally binding agreement between Butter Stream Design ("Butter Stream", "we", "us") and the client ("you").

If anything in these terms requires clarification, please contact us at info@butterstream.com.au.

RESPONSIBILITIES OF BOTH PARTIES

Your Responsibilities

By engaging Butter Stream, you confirm that you have the authority to enter into this agreement on behalf of your organisation.

You agree to:

  • Provide all required content, text, images, documents and other materials in a timely manner.
  • Supply materials in suitable formats where requested.
  • Review work, provide feedback and approvals promptly.
  • Adhere to agreed project timelines and milestones.
  • Make payments according to the agreed payment schedule.

Our Responsibilities

Butter Stream will perform all services professionally and with reasonable care and skill. We will endeavour to meet agreed deadlines and maintain confidentiality of any information supplied to us.

We cannot be held responsible for delays caused by late content delivery, delayed approvals or other factors outside our control.

THE DETAILS

We will create work based on the requirements outlined in the approved proposal, estimate or brief.
If at any stage you are unhappy with the direction of the project, please notify us promptly so that concerns can be addressed.
If you choose to cancel a project after work has commenced, all work completed up to the date of cancellation will remain payable.

SUPPLIED GRAPHICS AND PHOTOGRAPHS

Where possible, graphic files should be supplied in editable vector formats and photographs should be supplied as high-resolution digital files.

If sourcing stock photography, recreating artwork, redrawing assets or preparing supplied files is required, this work may incur additional charges unless specifically included within the project scope.

CHANGES AND REVISIONS

Project estimates are based on the information and requirements provided at the time of quoting.

We understand that project requirements can evolve. Requests for changes, additions or revisions outside the agreed scope may incur additional charges at the hourly rate specified in the estimate or proposal.

To ensure clarity, we may request that all change requests be submitted in writing.

LEGAL STUFF

While every effort is made to ensure accuracy, we do not guarantee that our work will be entirely error-free. We are not liable for any indirect, incidental or consequential damages, including loss of profits or business opportunities.

If any provision of this agreement is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.

COPYRIGHT AND INTELLECTUAL PROPERTY

You warrant that any materials supplied to Butter Stream are owned by you or used with permission.

Upon receipt of final payment:

  • You own the final approved designs and visual assets created specifically for your project.
  • You retain ownership of all content and materials supplied by you.
  • Butter Stream retains ownership of underlying code, frameworks and reusable intellectual property.
  • Project-specific code is licensed to you for use in connection with the agreed project only.

Native source files may be supplied upon request. File conversions or alternative formats may incur additional costs.

With your permission, we may display completed work in our portfolio and marketing materials.

WEBSITE, HOSTING & THIRD-PARTY SERVICES

  • We are not responsible for outages or issues caused by third-party services, hosting providers, plugins or APIs.
  • We cannot guarantee continued availability or compatibility of third-party systems.

PAYMENTS

Unless otherwise agreed in writing, invoices are payable within 30 days of issue.

Deposits may be required prior to commencement of work. Payments are non-refundable once work has begun.

Overdue invoices may incur a late fee of 1% of the outstanding balance at 45, 60 and 90 days from invoice date.

If recovery action is required, the client agrees to cover all reasonable legal and recovery costs.

GENERAL TERMS

If any part of this agreement is deemed invalid, the remaining sections remain enforceable.
These Terms & Conditions are governed by the laws of Australia and subject to the jurisdiction of Australian courts.
We reserve the right to update these Terms & Conditions from time to time. The latest version published on our website will apply to future work.