Terms & Conditions
Welcome to AJ Creative. These Terms & Conditions govern your use of our website and the services we provide. By accessing our website, submitting an enquiry, engaging our services, or entering into a project agreement with us, you agree to be bound by these terms.
Please read these Terms & Conditions carefully before using our website or engaging our services.
About AJ Creative
AJ Creative is a creative and marketing agency that provides services including website design, branding, graphic design, content creation, email marketing, digital marketing support, business consulting, and related creative solutions.
The details of any project, including deliverables, timelines, fees, and scope of work, will be outlined in a proposal, quotation, service agreement, invoice, or written communication between AJ Creative and the client.
Acceptance of Services
By engaging AJ Creative, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
Where a signed agreement exists between AJ Creative and a client, that agreement will take precedence over these Terms to the extent of any inconsistency.
Project Scope and Deliverables
Before work begins, AJ Creative will provide a proposal or project outline detailing the agreed services.
The proposal may include:
Project objectives
Deliverables
Estimated timelines
Revision allowances
Project fees
Payment requirements
Any requests that fall outside the agreed scope may be considered additional work and may incur additional fees.
Changes to project requirements after commencement may result in revised timelines, additional costs, or adjustments to deliverables.
Client Responsibilities
Clients play an important role in the success of any project.
Clients agree to:
Provide accurate information and instructions.
Supply required content, images, branding assets, and materials promptly.
Review and approve work within agreed timeframes.
Respond promptly to requests for feedback.
Ensure they have the necessary rights and permissions to use any content provided to AJ Creative.
AJ Creative is not responsible for project delays resulting from a client's failure to provide information, approvals, or required materials.
Quotations and Pricing
All quotations are provided in New Zealand Dollars unless otherwise stated.
Quotes remain valid for 30 days from the date of issue unless specified otherwise.
Pricing is based on the information available at the time the quote is prepared. If project requirements change significantly after approval, AJ Creative reserves the right to revise pricing accordingly.
Any additional work requested outside the original scope will be quoted separately and must be approved before commencement.
Payment Terms
Invoices must be paid within the timeframe stated on the invoice unless otherwise agreed in writing.
Depending on the project, AJ Creative may require:
A deposit before work commences
Progress payments during the project
Final payment before project handover or launch
Failure to make payments by the due date may result in:
Suspension of services
Delays in project completion
Removal of access to deliverables
Delayed website launch
Recovery action for outstanding debts
The client is responsible for any reasonable costs incurred in recovering overdue payments.
Revisions and Approval Process
AJ Creative may include a specified number of revisions within a project as outlined in the proposal.
Revision requests should be provided clearly and within reasonable timeframes.
Additional revisions beyond the agreed allowance may be charged at AJ Creative's standard rates.
Once a client approves a deliverable, any further changes may be treated as a separate project or billed as additional work.
Intellectual Property
Unless otherwise agreed in writing, ownership of final approved deliverables transfers to the client once all project fees have been paid in full.
This may include:
Final website designs
Approved branding assets
Marketing materials
Final content deliverables
AJ Creative retains ownership of:
Draft concepts
Unused design options
Templates
Internal systems
Processes and methodologies
Proprietary tools and resources
Clients warrant that any content supplied to AJ Creative does not infringe the rights of any third party and that they have permission to use such materials.
Website Projects and Digital Services
For website-related services, clients acknowledge that third-party services may be required, including:
Domain registration
Website hosting
Email services
Plugins and software subscriptions
Analytics platforms
Unless specifically included in a service agreement, clients remain responsible for ongoing costs associated with these services.
AJ Creative is not liable for interruptions, outages, software failures, security breaches, or performance issues caused by third-party providers.
Clients are responsible for maintaining access credentials and account information after project completion.
Marketing and Advertising Services
While AJ Creative aims to deliver effective marketing solutions, no guarantee can be made regarding specific business outcomes, including:
Search engine rankings
Website traffic levels
Lead generation results
Sales performance
Advertising outcomes
Marketing results depend on numerous factors outside our control, including market conditions, competition, customer behaviour, and third-party platform changes.
Confidentiality
Both AJ Creative and the client agree to maintain the confidentiality of any non-public information shared during the course of a project.
Confidential information includes business strategies, financial information, login credentials, customer information, marketing plans, and other proprietary materials.
Neither party shall disclose confidential information to third parties without consent unless required by law.
These obligations continue after the completion or termination of the project.
Portfolio and Promotional Rights
Unless otherwise agreed in writing, AJ Creative reserves the right to display completed work within:
Portfolio galleries
Case studies
Social media channels
Marketing materials
Presentations and proposals
This allows AJ Creative to demonstrate experience and showcase completed projects.
Confidential business information will not be disclosed without prior permission.
Limitation of Liability
To the fullest extent permitted by law, AJ Creative shall not be liable for any indirect, incidental, special, consequential, or economic loss arising from the use of our services.
This includes but is not limited to:
Loss of profits
Loss of revenue
Loss of business opportunities
Data loss
Business interruption
Reputational damage
Any liability that cannot be excluded by law shall be limited to the total amount paid by the client for the services directly related to the claim.
Termination
Either party may terminate a project or service arrangement by providing written notice.
Upon termination:
All completed work remains payable.
Outstanding invoices become immediately due.
AJ Creative may cease work immediately.
Deliverables may be withheld until all payment obligations have been satisfied.
Any deposits paid for completed work or work already undertaken are generally non-refundable.
Force Majeure
AJ Creative shall not be liable for delays or failures resulting from circumstances beyond reasonable control, including natural disasters, pandemics, government actions, internet outages, cyber incidents, supplier failures, or other unforeseen events.
Governing Law
These Terms & Conditions are governed by the laws of New Zealand.
Any disputes arising in connection with these Terms, our website, or our services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Changes to These Terms
AJ Creative reserves the right to update these Terms & Conditions at any time.
Any revised version will be published on this page with an updated effective date. Continued use of our website or services after such updates constitutes acceptance of the revised Terms.
Contact Us
If you have any questions regarding these Terms & Conditions, please contact:
AJ Creative
Email: alex@ajcreative.co.nz
Website: www.ajcreative.co.nz