1. Our Services
Circa ‘94 is an external supplier of creative services to you, not a partner or joint venture participant. Circa ‘94 retains the right to use its own agents or assistants to complete a project, as required.
You must maintain a cordial and professional relationship with Circa ‘94 at all times. Any breach of this requirement may result in cessation of work.
1.2 NO EXCLUSIVITY
The relationship between Circa ‘94 and you is not exclusive, whether within an industry, product range or otherwise, unless explicitly agreed and outlined in writing prior to the commencement of work.
You are responsible for supplying a comprehensive written brief for the creative services you require. If you do not have a briefing template of your own, please use our template available on request.
If an estimate/quote has been prepared without Circa ‘94 sighting preparatory or sample materials, or a detailed brief, we reserve the right to modify our estimate/quote once the full scope of the required creative services is known.
2. Quoting and fees
2.1 PROJECT FEES
Circa ‘94 fees vary per project. Any project quoted on a “time and materials” basis is charged at our standard hourly rate as stated in the quote. Urgent services, including those that require ad hoc overnight or weekend work, are charged at our urgent hourly rate as stated in the quote.
When a quote does not state any GST amount, the fee quoted is exclusive of GST.
2.2 REIMBURSEMENT OF EXPENSES
You will be responsible for reimbursing Circa ‘94 for all associated “out of pocket” expenses reasonably incurred in connection with the creative services provided, including but not limited to:
Local, interstate and international courier and postage charges
Specialist presentation materials such as mock-ups
Electronic storage devices
Parking fees, tolls, taxis and other incidental travel expenses
Upload and AdSend fees
Press check attendance.
Any quote provided allows for a reasonable number of discussions and presentation meetings. Quotes do not include provision for regular WIP meetings (in person or via conference call) unless specified. If additional meetings are required due to client delays or changes to the brief, an additional fee may be charged.
2.4 VALIDITY OF QUOTE
A quote is valid for 30 days from date of issue. After 30 days, Circa ‘94, at its discretion, may issue a new quote. Circa ‘94 also retains the right to requote if a project is postponed or on hold for more than 30 days.
2.5 PRODUCTION AND SPECIALIST SERVICES
Circa ‘94 can source and manage production and specialist services required by you or necessary to complete the project, including but not limited to:
Liaising with suppliers
Coordinating production and delivery
3. Your responsibilities
Your involvement in the development of creative services is critical. Circa ‘94 will need you to provide a detailed brief and content (copy, images and so forth), review and approve proof/s, supply written feedback, and be available for meetings and other incidental contact as required.
It is your responsibility to ensure that the information you have supplied to us is accurate and able to be substantiated.
3.1 APPROVAL TO COMMENCE WORK
Circa ‘94 requires your approval in writing for all creative services prior to commencement. Your approval may be evidenced by:
A purchase order
Signed approval on a Circa ‘94 quote
Approval via reply email to a Circa ‘94 quote.
Your approval will allow Circa ‘94 to commence work, commit to production contracts and so on.
3.2 FINAL AND ISSUED ARTWORK
It is your responsibility to carefully check and approve the Final Artwork supplied to you by Circa ‘94. Upon your approval of the Final Artwork, Circa ’94 will supply print ready (also known as “Issued”) Artwork to yourself and/or your preferred supplier. Any changes requested after Final Artwork and/or Issued Artwork has been supplied will incur additional charges.
Circa ‘94 uses its best endeavours in the selection of production and specialist services, but you retain final responsibility for approval of all aspects of these services.
If printed material is being produced, the printer/supplier will typically issue a proof (either printed or in PDF format) for your final review prior to production. It is your responsibility to check and approve any proof supplied. Production cannot commence until a proof, signed by you if printed or approved by reply email if in PDF format, is received by the printer/supplier. Please note that Circa ’94 will not sign or approve a proof on your behalf.
Proofs may not be accurate guides of colour. If you are concerned about colour reproduction, we strongly recommend conducting a press check.
3.4 PRESS CHECK
The primary purpose of a press check is to confirm colour accuracy and consistency. There are secondary checks also, including registration, stock, physical defects, and so on. If you require a press check, you will need to attend to provide approval. When a representative of Circa ‘94 also attends, a fee will be payable. Please note that Circa ‘94 will not approve production at a press check on your behalf.
3.5 ENVIRONMENTAL AND 3D CREATIVE SERVICES
You are responsible for all relevant government and other approvals for any environmental project, including but not limited to, building permits, zoning applications and engineering certification.
3.6 LEGAL LIABILITY AND OTHER CLAIMS
You will indemnify Circa ‘94 for any liability and costs incurred in relation to claims made against Circa ‘94 arising from material we prepare for you based on information provided by you, or on your behalf, including claims arising from the performance of your products or services.
4. Feedback and changes
Unless specified separately, two rounds of feedback (resulting in two sets of changes to the original artwork) are factored into any quote provided.
Circa ‘94 reserves the right to charge additional fees for all tasks, feedback or amendments requested which fall outside the scope of the original quote. Any additional work will normally be billed on a “time and materials” basis at our standard hourly rate. We will endeavour to keep you informed of the nature and costs of the additional work requested or performed.
Unless specified separately, three rounds of feedback (resulting in three sets of changes to the copy deck) are factored into any quote provided. Where a project includes creative services as well as copywriting, the copy will be included in the layout, unless a separate copy deck is specified and quoted separately.
All feedback should be supplied in writing, unless otherwise agreed.
4.4 PROOFREADING, ARTWORK AND CLIENT RESPONSIBILITY
Circa ‘94 proofreads artwork prior to supply of Final Artwork, but it is your responsibility to proofread and approve colour, layout and content, including copy, contact details, terms and conditions, product codes, prices and so on. You have final responsibility for approving Final Artwork, proofs and any other files prior to any reproduction of artwork.
5. Imagery and illustration
Imagery and illustration are often required to complete projects. Imagery and illustration can be:
Supplied by you
Sourced by Circa ‘94 from a public library (see below)
Shot or produced for purpose (to meet your specific brief) by Circa ‘94 or a specialist provider.
5.1 SUPPLIED IMAGERY
Imagery supplied by you must be at the size and resolution specified.
5.2 SOURCING AND SELECTING IMAGERY AND ILLUSTRATION
Circa ‘94 can source images and illustrations from public image libraries on your behalf. Please note that any images or illustrations sourced from such libraries must be paid for prior to use: some may be inexpensive, but they are not free. An additional sourcing and selection fee will apply for projects requiring image searching beyond the quoted scope of the project.
Circa ‘94 can also source specialist photographer/s to meet your brief. Please note that photo shoots, in particular, require art direction, talent releases, props, styling, location scouting, specialist equipment and so on. They take time to organise and complete, and can be costly, and will always be quoted in advance.
5.3 RIGHTS MANAGED IMAGES
Once appropriate imagery is selected, a fee will be negotiated with the relevant library or supplier. If an image is rights managed, this fee will depend on things like its use (print or online), placement (a cover or internal spread), distribution quantity and so on. You are responsible for providing this information to Circa ‘94 and for any liability arising from incorrect information.
Any imagery or illustration used, whether supplied, purchased or produced for purpose, may require retouching and/or deep etching (to appear without a background). Fees for retouching and deep etching are payable and will be quoted and charged as required.
6.1 ARCHIVED FILES
Circa ‘94 cannot guarantee the capacity to locate or supply any files after a project has been invoiced. Time spent locating archived files will be billed at our standard hourly rate with a minimum charge of half an hour. Charges for the supply of the actual files are outlined below.
6.2 NATIVE (SOURCE) FILES
Circa ‘94 will supply print ready files adhering to print output specifications as specified. Native files will remain the property of Circa ‘94 and it is completely at our discretion to supply these files. If native files are requested, a quote will be provided for supply.
6.3 ADDITIONAL FILES
If you require an electronic copy of a file, the request must be made in writing, with the specific file format (.eps, .jpg, etc) detailed. Each issue of electronic artwork in any file format is subject to a minimum fee of $90 + GST per issue.
6.4 CREATIVE SOFTWARE
Circa ‘94 uses Adobe Creative Suite 5 (InDesign, Illustrator, Photoshop etc). If you wish to update files yourself, it is your responsibility to acquire the program/s in which the artwork was created.
Circa ‘94 does not supply or amend files prepared in any other artwork creation program (including, but not limited to, QuarkXPress) nor other versions of Adobe Creative Suite.
Visual identity projects establish a “look and feel” for a business, service or product. The development of a visual identity will typically include identity elements such as a logotype, wordmark, colour palette, typeface/s and tagline.
The visual identity can then be executed across a range of applications (stationery, packaging etc). You must ensure your brief specifies which applications, and how many kinds (variations) of each you require.
Circa ‘94 can also develop a style guide outlining how to correctly apply your visual identity. You must ensure that your brief clearly specifies that a style guide is a required component of the project.
Logos will be supplied in .eps and .jpg format in colour (CMYK and RGB), mono and reversed (as appropriate). If an additional version (horizontal or vertical) has been created, this will also be supplied. If additional file formats for electronic use are requested, a quote will be provided for supply.
It is your responsibility to register any relevant trade or service marks.
It is your responsibility to purchase any typefaces required for your project. Typefaces are licensed to individual users and will not be supplied by Circa ‘94.
Circa ‘94 will upload approved files to the live environment, supply final files to you for integration, or supply flat visuals, as specified in the particular quote. Web hosting and hosting recommendations, changing hosting provider/s, creation or transfer of email accounts, DNS management, search engine optimisation (SEO), search engine marketing (SEM), domain name registration, video production and other ancillary website services are not included in any interactive quote unless specified.
Circa ‘94 may recommend hosting and/or DNS providers for certain projects. If you chose not to proceed with these recommendations, Circa ‘94 will charge on a time and materials basis at our standard hourly rate, for any troubleshooting, support and additional development required to deploy your website.
Circa ‘94 will select a Content Management System based on the requirements of the project. In configuring your CMS, we allow for core content to be added and edited, including article titles, body copy, images and captions. Global elements, such as navigation items, button text and icons, will not be accessible via the CMS unless specified.
6.8 WEB STANDARDS
Websites are not designed to meet any specific usability or accessibility standards unless specified.
6.9 WEB SERVER COMPATIBILITY
All interactive projects are quoted and developed assuming web server compatibility:
Apache 2.0 (mod_rewrite)
Zend Framework 1.10+
6.10 DIGITAL ASSETS
All digital assets must be supplied in the required format and to the specifications provided.
6.11 BROWSER COMPATIBILITY
6.12 EDM (ELECTRONIC DIRECT MAIL)
Circa ‘94 quotes for eDMs include design and build only. We can recommend an email marketing provider, but it is your responsibility to:
Set up your account
Manage your database (including build, integration and data cleaning)
Check all links and content
Train, or source training for, your staff if required.
6.13 NATIVE (SOURCE) CODE
Native code files (including .css, .php and .html files) will remain the property of Circa ‘94 and it is completely at our discretion to supply them. If native code files are requested, a quote will be provided for supply.
6.14 THIRD-PARTY SOFTWARE
Interactive projects are commonly designed and built using a variety of third-party server- and browser-side software so that they can run efficiently or meet specific briefed performance criteria. You will also often need to pay a fee to the software owner to access third-party software. Third-party software is not owned, controlled or overseen by Circa ‘94. Any fees payable for the use of third-party software are payable by you directly to the software owner.
Commonly used server-side software can be self-hosted or cloud-based and includes WordPress, WordPress plugins, e-commerce solutions such as Shopify or Big Cartel, Gmail and Application Programming Interfaces (APIs).
Browser-side software and components include techniques such as WebGL and srcset or element responsive images.
There are various risks associated with third-party software. These include, but are not limited to, changes to specifications in new versions of the software; incompatibility with particular devices; browser changes to the way features are implemented, and rolling updates that affect the way data (words and images) are displayed.
Circa ‘94 is not responsible for the ongoing performance, functionality or availability of any third-party software integrated into your website. Any changes or updates to your website or project required as a consequence of third-party software will be quoted on a time and materials basis at our standard hourly rate.
7. Use and Ownership
Circa ‘94 agrees to respect the confidentiality of all information supplied by you and only divulge that which is necessary in the normal course of business or execution of the creative services you require.
7.2 INTELLECTUAL PROPERTY AND COPYRIGHT
You acknowledge that copyright in all creative services produced on your behalf, including original artwork, designs, visuals, website functionality, associated Content Management System/s (CMS) and tools, etc, remains the property of Circa ‘94 (unless explicitly specified otherwise) and may only be used for the purposes agreed.
Content within a CMS remains the property of you or any other party as specified. Circa ‘94 does not retain a backup of, and is not responsible for, the content of your website or CMS. Any changes made to a website and/or CMS content, by you or any other party such as your hosting provider, via the CMS or any other method, and any consequences of those changes, are your responsibility.
Circa ‘94 is engaged for a particular purpose within a specific geographic scope, as briefed. You must obtain approval from Circa ‘94 to amend, re-purpose or distribute any creative services beyond the scope of the original brief. Circa ‘94 retains the right to charge an additional fee for any such approval granted. This approval must be obtained even if amendments or re-purposing are completed internally by you or by an alternate supplier.
You acknowledge that where concepts, designs and ideas are presented by Circa ‘94 to you, but no promotion or campaign is developed, the material presented shall remain strictly confidential and shall not be used in any way, including communication to any third party, without Circa ‘94’s consent.
7.4 EXCLUSIVE LICENSE
Circa ‘94 will grant an exclusive license to you for a period of five years to use the completed creative services in Australia (unless otherwise specified) in marketing campaigns for products or services provided by you.
Where Circa ‘94 prepares alternative approaches to a brief or project, it is only the selected approach that is licensed to you for use. All other alternatives remain the property of Circa ‘94 and are commercial-in-confidence.
It is a condition of this license that you shall pay to Circa ‘94 all amounts invoiced to you. If you fail to pay Circa ‘94 any amount so invoiced for a period of 60 days or more, then Circa ‘94 may revoke the license granted.
7.5 NATIVE (SOURCE) CODE
If any native (source) code that is proprietary to Circa ‘94 is necessary to develop, run, display or use the final deliverables of any project, Circa ‘94 retains copyright in that code. This includes any customisation of open source code or programs (WordPress, for instance) used to deliver a project. Circa ‘94, as the owner of the copyright in the code, will grant a non-exclusive license for you to use the code as required.
7.6 TRANSFER OF COPYRIGHT
Transfer of copyright to you, where agreed, will be effected on payment in full of all invoices issued in relation to the relevant project.
7.7 UNPAID PITCHES AND CREATIVE SUBMISSIONS
Any concepts, designs and ideas presented to a client during an unpaid pitch or creative submission remain the property of Circa ‘94 and no usage or license rights are granted to you by our participation in the pitch. All material remains the property of Circa ‘94 and is commercial-in-confidence.
7.8 PAID PITCHES
When Circa ‘94 is paid a pitch fee to prepare and present concepts, designs and ideas, this fee compensates Circa ‘94 for the costs incurred in preparing the presentation, but does not confer any usage or license rights to you. All material remains the property of Circa ‘94 and is commercial-in-confidence.
8.1 GENERAL PROJECTS
Circa ‘94 payment terms are 30 days from the date of the invoice, unless otherwise specified. Circa ‘94 quotes outline our payment terms, typically including:
A commencement fee on approval of quote
A completion fee on completion of development of interactive projects and delivery of all other projects.
Interactive projects also typically include a progress fee on approval of visuals.
Unless otherwise agreed, no work will commence on a project until payment of our initial commencement fee is received.
Circa ‘94 does not provide refunds for work that does not go ahead.
8.2 PRODUCTION AND SPECIALIST SERVICES
Production and specialist services sourced and/or managed by Circa ‘94 will be invoiced in full immediately upon quote approval. Any such invoice will be payable in seven days.
8.3 POSTPONEMENT OR CANCELLATION: PAYMENT FOR SERVICES RENDERED
If you postpone or cancel a project after approval and commencement of work, Circa ‘94 is entitled to receive payment in full for all work performed to that date, plus any out-of-pocket expenses.
8.4 ON HOLD: PAYMENT FOR SERVICES RENDERED
If, during a project, you do not contact Circa ‘94 for 30 days or more, the project is deemed to be on hold. Circa ‘94 is entitled to receive payment in full for all work performed to that date, plus any out of pocket expenses.
8.5 SUSPENSION OF SERVICES
Where the relevant payment terms are not being met, Circa ‘94 reserves the right to cease work on any or all projects until all invoices outside terms are paid.
9. Promoting our business
9.1 PROMOTIONAL ACTIVITY
Circa ‘94 retains the right to add your name and a summary of the project to our promotional material (including but not limited to our portfolio, website and client list) and to submit the creative services to competitions and publications following completion of the project. Circa ‘94 also retains the right to show and explain the completed project to other potential clients when pitching for new business, subject to obtaining your consent for any confidential or non-public information.
9.2 ACCREDITATION: PRINT
Unless otherwise agreed, Circa ‘94 will be accorded a credit line on all printed material.
9.3 ACCREDITATION: INTERACTIVE
Unless otherwise agreed, Circa ‘94 will include a credit line and/or hyperlink to our own website on all interactive projects.
9.4 SAMPLES AND FINISHED WORK: PRINT
You shall provide Circa ‘94 with a minimum of five, or lesser number as agreed, samples of each printed or published form of the project for use in Circa ‘94’s portfolio, website and other self-promotional uses, including display and presentation. These samples will be representative of the highest quality of the finished work produced.
9.5 SAMPLES AND FINISHED WORK: ENVIRONMENTAL AND 3D
Circa ‘94 retains the right to document, photograph or otherwise record all completed environmental designs or installations, including but not limited to, signage systems, trade show stands, retail interiors and exhibits. The right to record the completed project includes the right to access, photograph and record it in optimal circumstances.
9.6 EMAIL DATABASE
Briefing Circa ‘94, supplying email/contact information or completing our new client checklist subscribes you to our occasional email updates. Your email address/es are used solely to keep you up to date with news from the Circa ‘94 studio. They will not be provided to any other party.
10. Support and maintenance services
Circa ‘94 allows for 10 business days of project support following go-live. This includes trouble-shooting, debugging, ongoing testing and CMS support.
After this period, Circa ‘94 charges for all support and maintenance services on a time and materials basis at our standard hourly rate, with a minimum charge of half an hour. Support and maintenance services include:
Email and/or phone support and trouble-shooting for CMS and/or email marketing software (such as Campaign Monitor)
Email and/or phone support and trouble-shooting for updates made by a client to CMS and/or email marketing software
Setting up new email accounts and passwords, and instructing clients on how to do the same
Adding or changing meta tags
Updating existing or incorporating new content via the CMS
Updating existing or developing new email templates
Adjusting hosting arrangements and domain registration, including DNS changes, domain redirection, recommending new providers, transitioning sites to new hosting, updating account details, and renewing hosting or domain name registration on a client’s behalf
Upgrading sites based on new browser versions or specifications
Updating sites based on changes to or new versions of third-party software (server- or browser-side)
Changing website structure and/or visuals beyond the scope of the quote and approved for go-live
Providing email and/or phone support to a client’s chosen third-party suppliers (including printers, IT teams, hosting providers, etc).
You will be notified of estimated costs prior to the commencement of any of the above services and will be invoiced upon completion.
These Terms and Conditions are subject to change without notice and may be superseded at any time.
We Treat Your Privacy Seriously
All personal information is treated as strictly confidential to Circa ’94 and its affiliates. It will never be sold or bartered or otherwise transferred to a 3rd party, without your express permission.
This section details what information Circa ’94 collects, why it is collected and how that information may be used.
Collection Of Information
In order to utilise some aspects of this website, Circa ’94 may require you to provide a certain amount of information. This includes information required to create an ID (such as your name and email address) and preference information (likes/dislikes). We use this information to provide you with a service or a better online experience.
In order to better understand how our customers use this site, we collect and analyse some aggregate information about our site users. This includes such things as what time of day they visit the site, what browser they use and what pages they visit. No personal or other information that may be used to identify you is included in this analysis.
Circa ’94 logs all activity and maintains audit trails of usage of this site. We use this information in the detection and prevention of fraud and other malicious activities.
Circa ’94 will not send a “spam” or unsolicited email or SMS, nor will Circa ’94 provide your details to a third party, unless you have given us permission.
Email And SMS
When you register your interest or complete an online query in any way on this website we will retain this information in order to respond to your query and communicate with you. You can update this information at anytime or opt-out of receiving any further marketing communications. If you become a customer of Circa ’94 we will need to continue to contact you for development, progress or performance-related matters.
If you access the Circa ’94 website you agree to be bound by the conditions contained in this legal message and further agree that the Courts of Australia shall have exclusive jurisdiction in respect of any dispute arising from this legal message.
Web Browser Cookies
Circa ’94 assumes no responsibility for the contents of any other websites to which the Circa ’94 website has links.
To the extent permitted by law, Circa ’94 shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website. The material contained on this website is a guide only.
The copyright in the material contained in the Circa ’94 website belongs to Circa ’94. Except solely for your own personal and non-commercial use no part of this website may be copied, performed in public, broadcast or adapted without the prior written permission of Circa ’94.
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