1.1. The Services: Captovate will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Captovate will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate, which may be necessary.

Authors Corrections - Unless specified in the Quote/Proposal, we include 2 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to Captovate’s standard hourly rate card.

1.2. Client Sign-Off: To maximise Captovate’s effectiveness we must work with you as a team. Often Captovate’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Captovate will assume all information you provide is complete and accurate unless you tell us otherwise. We take no responsibility for errors in final materials that you have approved. Where client sign-off was not required, or received, we shall incur no liability should errors be found. 

1.3. Turnaround Time: We will provide your project by the agreed date, wherever possible. We will not be held liable for any delay caused by factors outside our control.

1.4. Incidentals: Couriers or printed proofs from external printers if required, to be charged to the client.

1.5. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.



1.5. Force Majeure: Captovate shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Captovate’s reasonable control.

3.1. In most cases, Captovate will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.

4.1. Content and Images:  It is your responsibility to provide us with the required information about your business and marketing objectives. Captovate takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be incurred.

4.2. Information for charts, graphs, and infographics to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.

4.3. Client supplied images should always be high-res images at 300DPI for print purposes. If they are solely for use on the web, then lower resolution images are acceptable. Captovate will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.

4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.

4.5. You grant Captovate permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Captovate from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.

4.6. We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer IE). We won't test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, a separate estimate must be sought for that service.

4.7. Captovate may terminate services on written notice to the Client in the event of serious breaches, such as activities of an illegal or fraudulent nature.

These include but are not limited to:

(i) Spamming (sending unsolicited promotional electronic mail)

(ii) Downloading or storing of content that could be deemed ‘NC' by the Australian Broadcasting Authority (ABA) or prosecutable under Australian Law. This includes things such as illegal software, software cracks and pornography.

(iii) Obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements or material which violates the privacy rights or property rights of others, or is likely to be defamatory of another person.

5.1. Confidentiality: Captovate will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Captovate may, however, disclose your documents and affairs to:

(i)  such of your other service providers as you inform Captovate are involved in any assignment on which Captovate is instructed;

(ii)  any other service provider to whom Captovate may properly delegate aspects of any assignment in order to provide a full range of services to you.

6.1. Freedom to use Ideas and IP: Captovate may develop or use for other clients any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.

6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Captovate, shall, upon you paying Captovate in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Captovate or third parties engaged or employed by Captovate.

6.3. Portfolio Rights. Captovate retains the right to showcase your project on their website and design portfolio for the sole purpose of promoting our work.

6.4. Working Files and Copyright. Captovate own the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied working files, then this needs to be requested and we will supply a quote for this release.

7.1. All services may be used for lawful purposes only. You agree to indemnify and hold Captovate harmless from any claims resulting from your use of our service that damages you or any other party.

8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

8.2. We may purchase internet domain names on behalf of a client. Payment and renewal for those domain names is charged by and paid to us. We take no responsibility for any loss or cancellation of a domain that is brought about by your non - or late - payment. 

8.3. Whilst all care is taken with system security, Captovate will not accept responsibility for loss of data or security problems. This includes any loss that could otherwise be deemed an ‘Act of God'. Captovate aims to take all the care needed to prevent this, but takes no responsibility should this occur.

8.4. Captovate provides no guarantee regarding the availability of the hosting service. The Client indemnifies Captovate against any losses by the Client resulting from any failure or non availability of hosting service.

8.5. Captovate and its search engine optimisation service provides no guarantee of any nature to the client, with respect to search engine rankings, positioning and the resultant demand for, or sales of, the clients products or services.

8.6. Captovate provides no guarantee of search engine registration, website functionality or statistics where the service is hosted externally.

8.7. Captovate is not responsible for your general IT Help Desk support needs, i.e. computer maintenance, Microsoft Outlook user issues and other general computer usage.

9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.