Terms of Trade

ESTIMATES, QUOTES AND SPECIFICATIONS

Due to variances in costs and materials, estimates and quotes are valid for 30 days unless otherwise stated.

Any variation to these specifications may result in additional charges.

Written instructions and specifications are preferred and Evoke Creative Ltd shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client’s verbal instructions.

Evoke Creative Ltd (company) reserves the right to review and/or alter pricing for goods or services at any time.

TECHNOLOGY

Evoke Creative Ltd only support technologies current at the time of development.

We accept no responsibility if technology changes and a product or service is no longer accessible.

PAYMENT

Unless agreed in writing prior to commencement of work, payments for fees, costs or goods supplied by Evoke Creative Ltd are due strictly in full by the 20th month following date of invoice payment basis.

In ALL cases full payment is expected within this time frame unless agreed prior in writing by both parties.

If an account remains unpaid in full seven days following it’s due date, administration and interest charges of 20% will be incurred.

Evoke Creative Ltd reserves the right to refer any outstanding accounts onto a collection agency or other third party, and the client will incur all associated fee’s, commissions and costs.

OWNERSHIP OF WORK

Work samples, sketches, concepts, development work, demo models, other work submitted by Evoke Creative Ltd to anyone on a speculative, conceptual, or developmental basis remain the property of Evoke Creative Ltd unless otherwise agreed and may not be used by the client for any means outside of the project and purpose for which they were presented.

Software development, programming and the like developed for the client by Evoke Creative Ltd remains the intellectual property of Evoke Creative Ltd and therefore cannot be sold, modified, edited or adapted in any way unless written confirmation has been received by the client from Evoke Creative Ltd.

All software developed by Evoke Creative for client use remains the property of Evoke Creative Ltd unless otherwise stipulated.

STORAGE OF CLIENT’S PROPERTY

Every care will be taken to secure goods where the client supplies the materials or equipment, but client’s property and all property supplied to Evoke Creative Ltd by or on behalf of the client shall be held at the client’s risk.

SUSPENDED OR CANCELLED WORK

The suspension of any work on the client’s request will entitle Evoke Creative Ltd to payment in full for all services and costs occurred up to the time of suspension and for any work already completed that has monies outstanding.

COPYRIGHT, CONFIDENTIALITY AND INTELLECTUAL PROPERTY

Evoke Creative Ltd shall be indemnified by the client in respect to any claims, costs and/or expenses arising from any matter, which is illegal, or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.

Evoke Creative Ltd reserves the right to display the Evoke Creative logo and/or associated branding logos within the finished product as deemed reasonable by Evoke Creative.

Evoke Creative Ltd reserves the right to display and disclose to clients finished work for marketing purposes unless otherwise agreed in writing prior to work commencing.

CLAIMS FOR REMEDY

Any complaint deemed valid by Evoke Creative Ltd shall be made in writing within 30 days of receipt of goods or services in order to remedy faults or complaints. Any disputes received outside of this time frame will be deemed null and void.

OUTSIDE INFLUENCES

Evoke Creative Ltd shall not be held responsible for any delay, damage, or loss due to any causes beyond Evoke Creative Ltd control such as but not limited to; Acts of God, accidents, equipment failure, and industrial disputes.