TERMS OF TRADE.

These Terms of Service ("Terms") govern the use of the services provided by Red Creative Limited ("we", "our", "us") through our website at www.redcreative.co.nz ("Website") and any other services provided by us, including creative design, branding, digital marketing, and consulting services (collectively, the "Services"). By accessing or using our Services, you ("Client", "you", "your") agree to be bound by these Terms.

1. Services Provided

We offer a range of creative services, including but not limited to:

  • BRAND ACTIVATIONS

  • Graphic design

  • Branding and identity

  • VISUAL MERCHANDISING

  • INTERIOR DESIGN

  • EVENT PRODUCTION

  • Content creation

  • Consulting and strategy services

All Services are detailed in proposals or contracts provided to clients before commencing work.

2. Client Responsibilities

You agree to:

  • Provide accurate and complete information when requesting services.

  • Ensure timely communication and feedback on deliverables.

  • Secure any necessary rights, permissions, and licenses for any third-party content or materials provided to us for use in your project.

  • Pay all invoices in a timely manner as outlined in the agreed-upon payment terms.

3. Payment Terms

  • All payments for services must be made in accordance with the terms outlined in the proposal or contract.

  • We reserve the right to charge interest on overdue payments at a rate of 8% per month.

  • All fees are quoted in New Zealand Dollars (NZD), unless otherwise agreed.

4. Intellectual Property

  • Unless otherwise agreed, you retain ownership of the intellectual property rights to the materials you provide us.

  • Upon full payment for the Services, we grant you a non-exclusive, non-transferable license to use the deliverables for the intended purpose. You may not sell, redistribute, or sublicense the work to others without our express consent.

  • We retain ownership of any work created by us for the purposes of portfolio, marketing, or promotional use, unless otherwise agreed in writing.

5. HIRE OF GOODS

  • ALL ITEMS UNLESS OTHERWISE STIPULATED ARE USED BY THE CLIENT ON A HIRE-ONLY BASIS AND REMAIN THE PROPERTY OF RED CREATIVE AND OUR SUPPLIERS.

  • UNLESS OTHERWISE STIPULATED, THE HIRE PERIOD IS FOR ONE CALENDAR WEEK AND LATE RETURN WILL INCUR ADDITIONAL COSTS. 

  • THE CLIENT IS RESPONSIBLE FOR ALL ITEMS TO BE EASILY LOCATABLE AT AGREED COLLECTION TIME. WE RESERVE THE RIGHT TO TREAT ANY ITEM NOT EASILY LOCATABLE AS LOST AND THE CLIENT WILL BE CHARGED ACCORDINGLY.

  • IN ALL CIRCUMSTANCES THE CLIENT IS RESPONSIBLE FOR THE CARE OF HIRE ITEMS. ANY DAMAGE OR LOSS OF ITEMS WILL RESULT IN THE FULL REPLACEMENT COST BEING CHARGED.

  • THE CLIENT IS ALSO RESPONSIBLE FOR ANY DAMAGE, LOSS OR EXPENSE CAUSED BY THE ITEMS HIRED TO PROPERTY OR PERSON WHETHER SUFFERED BY CLIENT OR THIRD PARTY.

6. CANCELLATION

IN THE CASE OF CANCELLATION FOLLOWING PAYMENT OF THE DEPOSIT, THE VALUE OF ANY GOODS OR SERVICES RENDERED WILL BE RETAINED BY RED CREATIVE AND THE REMAINDER OF THE DEPOSIT (IF ANY) WILL BE RETURNED TO THE CLIENT. IF THE GOODS OR SERVICES RENDERED EXCEED THE VALUE OF THE DEPOSIT, WE RESERVE THE RIGHT TO CHARGE THE CLIENT FOR THOSE GOODS AND SERVICES. 

7. Confidentiality

  • We respect your confidentiality. Any confidential information shared with us for the purpose of delivering our Services will not be disclosed to third parties without your consent, except as required by law.

  • You agree to maintain the confidentiality of any proprietary or confidential information we share with you in the course of our work together.

8. Term and Termination

  • These Terms will remain in effect until the completion of the Services or until terminated by either party.

  • Either party may terminate the agreement with written notice if the other party breaches any material term of these Terms and fails to remedy the breach within [30] days of receiving notice.

  • Upon termination, any outstanding payments for completed or partially completed work are due immediately.

9. Limitation of Liability

  • To the fullest extent permitted by law, we are not liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, arising out of or in connection with the use of our Services.

  • Our total liability to you for any claim arising under this Agreement is limited to the amount you paid for the Services that gave rise to the claim.

10. Amendments and Changes

We reserve the right to modify these Terms at any time. Any changes will be posted on our Website, and the updated Terms will apply to all Services provided after the revision date. You will be notified of material changes via email or other communication channels.

11. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising out of or in connection with these Terms will be resolved under the jurisdiction of New Zealand courts.

12. Dispute Resolution

  • In the event of a dispute, both parties agree to attempt to resolve the matter through informal negotiations.

  • If a resolution cannot be reached, the dispute may be resolved through mediation or arbitration as agreed upon by both parties.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, or government restrictions.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, along with any proposals, contracts, or written agreements between you and us, constitute the entire agreement between the parties. Any prior agreements, understandings, or communications are superseded by this agreement.

16. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at: info@redcreative.co.nz