REDPIXLE Terms and Conditions of Creative Services
Client Service Agreement
This Client Service Agreement (“Agreement”) is entered into between REDPIXLE (“Service Provider”) and (“Client”) upon payment/service rendered.
Scope of Work
REDPIXLE agrees to provide photography, videography, graphic design, logo creation, marketing reports, website development, hosting services, and ongoing marketing services as outlined in the attached project proposal or quotation. Deliverables will be provided through the MemberPress online portal, which also facilitates the booking of sessions or tickets to address or develop the Client’s business.
Payment Terms
Client agrees to pay REDPIXLE according to the payment schedule outlined in the project proposal. Payment terms may include deposits, milestone payments, and final payments upon project completion. For subscription-based services, payments will be processed automatically in accordance with the selected subscription plan.
Intellectual Property
REDPIXLE retains all rights to the final product unless otherwise specified in writing. Usage rights for the Client will be detailed in the project proposal. Upon full payment, the Client will receive a licence to use the deliverables as specified.
Membership and Subscription Terms
- On-Hold Policy: Memberships with REDPIXLE can be put on hold at any time. The Client must notify REDPIXLE via the online portal 7 days prior to the desired hold start date. During the hold period, subscription billing will be paused, and services will be temporarily suspended until the hold is lifted.
- Renewal and Cancellation: Subscriptions will renew automatically unless cancelled by the Client. To cancel a subscription, the Client must provide written notice at least 30 days before the renewal date. Any paid amounts are non-refundable.
Notifications and Bookings
- Online Portal: All notifications and bookings are managed via the MemberPress online portal. Clients are responsible for regularly checking the portal for updates, deliverables, and booking confirmations.
- Booking Policy: Clients can book photography sessions, videography sessions, and other services through the online portal. Bookings are subject to availability and must be confirmed by REDPIXLE.
- Notification Policy: Clients will receive notifications about their projects, deliverables, and other relevant updates through the online portal and email.
Project Changes and Revisions
- Change Requests: Any changes to the scope of work must be requested in writing and may be subject to additional fees. Changes will not be implemented until confirmed in writing by both parties.
- Revisions: The Client is entitled to two rounds of revisions as outlined in the project proposal. Additional revisions may incur extra charges.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of the Agreement. Confidential information includes but is not limited to business plans, strategies, client lists, and financial information.
Limitation of Liability
REDPIXLE’s liability for any claim arising out of this Agreement shall be limited to the amount paid by the Client for the services. REDPIXLE shall not be liable for any indirect, incidental, or consequential damages arising from the services provided.
Loss of Content
REDPIXLE shall not be liable for any loss of content or data hosted on third-party platforms.
Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, or labour disputes.
Indemnification
The Client agrees to indemnify and hold harmless REDPIXLE from any claims, damages, liabilities, and expenses arising out of the Client’s use of the deliverables provided under this Agreement.
Termination
Either party may terminate this Agreement by providing written notice. Termination terms, including any applicable fees, are outlined in the project proposal. For subscriptions, termination will be effective at the end of the current billing cycle.
Dispute Resolution
Any disputes will be resolved through negotiation or mediation. If unresolved, the dispute will be submitted to binding arbitration under the rules of Australian Consumer Affairs.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
Amendments
This Agreement constitutes the entire understanding between the parties. Any modifications must be in writing and signed by both parties.
Model Release Agreement
I, (“Client”), hereby grant REDPIXLE the right to use my likeness in photographs and/or videos taken by them for commercial and promotional purposes.
Location Release Agreement
I, (“Client”), grant REDPIXLE permission to use images or videos of this property for commercial and promotional purposes.
Image Licensing Agreement
This Image Licensing Agreement (“Agreement”) is entered into between REDPIXLE (“Licensor”) and (“Licensee”) on this date.
Licensed Images
REDPIXLE retains the licence and all rights to use the images.
Rights and Limitations
Define the rights and limitations of the Licensee regarding the licensed images.
Term
Paid subscription enables the use of REDPIXLE licensed content.
Website Development Agreement
This Website Development Agreement (“Agreement”) is entered into between REDPIXLE (“Developer”) and (“Client”) upon 50% deposit payment.
Scope of Work
REDPIXLE will provide website development services, including design, development, hosting, and ongoing content creation as outlined in the project proposal.
Payment Terms
Client agrees to pay according to the payment schedule outlined in the project proposal. This may include deposits, milestone payments, and final payments upon project completion. Ongoing services are billed on a subscription basis.
Timeline
Specified project milestones and deadlines are project specific.
Intellectual Property
REDPIXLE retains ownership of the website design and code. Upon full payment, the Client will receive a licence to use the website.
Maintenance and Updates
REDPIXLE will provide ongoing maintenance and updates as part of the subscription service. This includes regular updates, security patches, and minor changes.
Termination
Either party may terminate this Agreement by providing written notice. Termination terms, including any applicable fees, are outlined in the project proposal.
Dispute Resolution
Any disputes will be resolved through negotiation or mediation. If unresolved, the dispute will be submitted to binding arbitration under the rules of Australian Consumer Affairs.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
Maintenance and Support Agreement
This Maintenance and Support Agreement (“Agreement”) is entered into between REDPIXLE (“Service Provider”) and (“Client”) upon payment of service.
Scope of Maintenance
REDPIXLE will provide website maintenance and support services as outlined in the project proposal. This includes regular updates, backups, and troubleshooting.
Payment Terms
Client agrees to pay according to the payment schedule outlined in the project proposal. Maintenance services are billed on a subscription basis.
Term
Duration of subscription.
Support Hours
Support will be available during business hours from [Support Hours]. Emergency support is available 24/7.
Notifications and Bookings
- Online Portal: All notifications and bookings are managed via the MemberPress online portal. Clients are responsible for regularly checking the portal for updates, deliverables, and booking confirmations.
- Booking Policy: Clients can book services through the online portal. Bookings are subject to availability and must be confirmed by REDPIXLE.
Termination
Either party may terminate this Agreement by providing written notice. Termination terms, including any applicable fees, are outlined in the project proposal.
Dispute Resolution
Any disputes will be resolved through negotiation or mediation. If unresolved, the dispute will be submitted to binding arbitration under the rules of Australian Consumer Affairs.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
Compliance with Australian Law
To ensure compliance with Australian consumer protection laws, the following clauses have been added or amended:
Consumer Guarantees
REDPIXLE’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Client is entitled to cancel their service contract with REDPIXLE and receive a refund for the unused portion, or to compensation for its reduced value. The Client is also entitled to be compensated for any other reasonably foreseeable loss or damage.
Unfair Contract Terms
This Agreement has been drafted in accordance with the provisions of the Australian Consumer Law regarding unfair contract terms. Any term that is deemed unfair by a court will be severed from this Agreement, and the remainder will continue to be enforceable.
Data Privacy
REDPIXLE agrees to comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) in relation to the collection, use, and disclosure of personal information.
By purchasing the service, the Client agrees to the terms and conditions outlined above.