Terms

​​

We/us (Little Chicken Creative Ltd) value an ongoing relationship with you/your client. These Terms are the core basis of that relationship and our commitment to you, to attend to your service requirements diligently, with an efficient, effective and professional service. These Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

​

Client care

We are committed to doing our best to ensure that your needs are met. We will:

• Protect and promote your interests and act for you free from compromising influences or loyalties

• Discuss with you your objectives and how they should best be achieved

• Act competently, in a timely way, and in accordance with instructions received and arrangements made

• If requested, provide you with information about the work to be done and the way the services will be provided

• Protect your privacy and ensure appropriate confidentiality

• Treat you fairly, respectfully and without discrimination

• Keep you informed about the work being done and advise you when it is completed

• Charge you a fee that is fair and reasonable and let you know how and when you will be billed

• Let you know how to make a complaint and deal with any complaint promptly and fairly

​

Scope of work

• Description of the project

• Deliverables

• Timeline

• Project Phases

will be set out by Little Chicken Creative Ltd, discussed and approved by the point of contact within (client) prior to project commencement. 

​

Roles and Responsibilities

We will provide: concepts, revisions, final files in specified formats.

You will provide: information, content, feedback within the required time frames.

​

Revisions and approvals

Change Requests: Additional changes are negotiated and will be charged hourly.

Client Approvals: A point of contact within (client) will be determined to liaise with internal stakeholders, collate and provide feedback to Little Chicken Creative Ltd within the required time frames. Final approval contact to be determined on commencement of work.

 

Quotations & fees

Quotations are based on information provided by you at the time of quoting work. Any subsequent work which falls outside that scope or changes in your instructions from originally stated requirements may incur extra charges. These charges are based on an hourly rate basis with minimum billable time blocks of 15 minute increments. Any later material supplied to us may also jeopardise any deadline that may have been agreed upon. Where our fees are calculated on an hourly basis, the hourly rates are set out in a quotation/invoice. 

 

Estimates

Estimates includes design, development and delivery. We use our best judgment and experience when making estimates. However, estimates are just estimates. We’ll communicate with you as soon as we are aware that more or less time is required. We will then work with you to understand why the estimate was inaccurate and chart a course of action based on your input and approval. However, all logged hours will be billed accordingly.

 

Change requests acknowledgment

When you engage Little Chicken Creative Ltd you are paying for, and will be provided, professional advice. The advice is based on best practice, our experience and the insights gained from the delivery of hundreds of projects. You have the right as our client to request changes to what we advise. In some instances there maybe potential impacts on;

• Project costs

• Delivery timelines

• Performance & results

 

Acceptance of design and ideas

All work done in an experimental manner or to task completion, including any design, mock-ups, visuals and any other ideas shall be considered an order and may be charged for accordingly. Any concepts not accepted remain the property of Little Chicken Creative Ltd.

 

Unused creative concepts

If a choice of creative concepts is presented, only one solution is deemed to be given by us as fulfilling the contract. All other concepts remain the property of the Little Chicken Creative Ltd and may be used for marketing materials, competitions, awards or other clients in the future. Any use of this work by you is strictly prohibited. 

 

Errors and omissions

We shall make every effort to ensure that the final deliverables are free of any grammatical and spelling errors, as well as meet design and project specifications, before delivering the final deliverable to you.

​

It is agreed, however, that we are not responsible for errors or omissions in any work produced as per your approval, and no financial responsibility is assumed by us for errors or damages resulting from such errors. 

​

You agree that it is your responsibility to thoroughly check all content for print and digital material, prior to going to print or being published online. There will be no reprints or web development changes at our expense.

​

Colour variation

All reasonable efforts shall be made to obtain the best possible colour reproduction on your work but variation is inherent in the print process and it is understood and accepted as reasonable that there may be colour variation between the screen and final product. This occurs due to differences in the way colours are managed on the screen (RGB) and print (CMYK). 

​

Screen proofing is not indicative of the final print result, printed colours can vary from what has been seen on screen, to what the final product looks like, and previous orders (whether printed by us or other party). This is due to the nature of CMYK printing and a bulk-run printing system. 

​

You understand that there may be a slight colour shift throughout a print order. There is an accepted 1/8 in shift in all print orders. There will be no reprints at our expense. It is agreed and understood that colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile or tablet devices.

​

Packaging and production regulations

We are not responsible for ensuring compliance with any packaging and print production regulations, including but not limited to those related to food, hygiene, safety, and material standards (such as those set by the FDA in the United States or MPI in New Zealand, or any equivalent regulatory bodies in other countries), unless you have specifically advised us in writing of such regulations prior to the commencement of the project. It is your responsibility to inform us of any relevant regulatory requirements that must be adhered to for your packaging and print production needs.

​

Post-design content modifications

Should you wish to make changes to supplied content such as copy, information, logos, designs, images, graphics and related materials after the content has already been implemented within the design, we are required to undertake additional work. Therefore additional fees may incur.

​

With website design, if edits are required after the website copy has been supplied and website design has commenced, subsequent revisions to the content can be made by you using the CMS, prior to going live, no additional fees will be incurred. Alternatively, you may request we make the edits, additional fees will be incurred.

​

Subcontractors and freelancers:

We reserve the right to hire subcontractors, freelancers or other companies in whole or as part of a project should the need arise. Any outsourced job remains the property/responsibility of Little Chicken Creative Ltd and such services are deemed to be carried out ‘indirectly’ by us. As part of larger projects which involve third parties commissioned directly by you, we will not be held responsible in any way for services not carried out/managed directly or indirectly by us.

​

Disbursements and expenses

Reimbursable items (e.g. stock imagery, website plugins, font licenses etc.) will be pre-approved by you and are due upon receipt of the invoice. 

​

Invoicing

You will receive current month invoices and statements before the 6th day of every month, payment is due 14 days later on the 20th. Monthly invoices will be sent (via email) directly to your account contact. Fees for larger projects will be split over three payments; 33% on kick off, 33% on design approval and 34% prior to go live of the project, or otherwise agreed upon in writing.

​

Invoice disputes

We must be notified in writing within five calendar days from the date you first received the invoice. You shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice, not in dispute. For any queries on disputed invoices, please send via email to anneliese@littlechickencreative.com. 

​

Overdue invoices

A late payment fee of 10% per month is added on overdue accounts. Accounts not paid within 90 days will be forwarded to a debt collection agency Baycorp and the account holder will be responsible for paying any administration costs, collection costs and legal fees.

​

Intellectual property

You will retain intellectual property/copyright for all finalised logos, drawings, photographs, designs, artwork, proofs and websites prepared by us for the work specified in this agreement. You will be entitled to use them only for the works and purpose for which they are intended. You will have no right to use any of this where any or all of the fees and expenses remain overdue or in default to us. We retain the right to use and promote the results, logos, drawings, photographs, designs, artwork, proofs and edits developed for you for promotion purposes within their newsletters, website, portfolios and advertising or any other promotional material.

​

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other persons except within our agency, to the people who are providing services for you.

​

Postponement or termination

Any agreement between the you and us may be postponed or terminated by either party, on the expiration of reasonable notice given in writing.

​

Force majeure

Except for Client payment obligation to Vendor, neither Party shall be liable to the other for any delay, service interruptions, or inability to perform its obligations under this Statement of Work if such delay or inability is caused by a Force Majeure event. A “Force Majeure event” means an event due to any cause or causes beyond the reasonable control of Vendor and shall include, but not limited to, acts of God, strike, labour dispute, fire, storm, flood, windstorm, earthquake, unusually severe weather, sabotage, embargo, terrorism, energy shortage, power blackouts, nuclear accidents, floods, strikes, volcanic action, delay in couriers or transportation, theft, vandalism, inability to obtain labour, materials, services or manufacturing facilities, explosion, riot, war, civil disorder, hostilities between nations, governmental laws, orders or regulations, embargoes, the action of the government or any agency thereof, any social disturbance of extreme nature, accident, breakdown of plant or machinery, software failure, hardware failure, third party interference, industrial dispute or court injunction or order, pandemic, lockdown or interruption or failure of electricity, telephone or communication network or service. In the event of a Force Majeure event, we will receive an equitable adjustment extending our time for delivery of services listed in this agreement sufficient to overcome the effects of any delay.

​

Acknowledgment

Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions. If any provision of these terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired. Failure by us to enforce any of these terms will not be deemed to be a waiver of any of our rights or obligations under these terms.