NimCreative Terms & Conditions

Terms & Conditions - NimCreative Last updated: September 2026 These Terms & Conditions ("Terms") govern all design, print production, web design and packaging services provided by NimCreative ("NimCreative", "we", "us"), operated by Joe Nimmo, ABN 52 767 976 875, based in Perth, Western Australia, to any person or business engaging those services ("you", "the Client"). By accepting a quote or estimate from NimCreative, you agree to be bound by these Terms in full.

1. General Terms

1.1 Quotes and Acceptance

All work is undertaken on the basis of a written quote or estimate. A quote is valid for 30 days from the date of issue unless stated otherwise. Acceptance of a quote — in writing, by email, or by payment of a deposit — constitutes acceptance of these Terms.

Timeframes for concepts, drafts and delivery are estimates only and depend on NimCreative's schedule at the time of booking and the timely supply of content, feedback and approvals from you. NimCreative will communicate realistic timeframes at the outset of a project and flag any changes as early as possible.

1.2 Payment Terms

New clients are required to pay a 50% deposit upon acceptance of a quote before work begins, with the remaining 50% due on completion, unless a different payment structure has been agreed in writing.

For larger projects (typically web builds and packaging/dieline work), payment may instead be split across agreed milestones — for example deposit, mid-project, and final payment on delivery. Any milestone structure will be set out in the quote.

All invoices are payable within 14 calendar days of the date of issue unless otherwise agreed in writing. Final files, printed materials, or live web deployment will not be released or actioned until payment has cleared in full.

Late payment may incur a flat late fee and/or interest on the outstanding balance, and the Client is responsible for any reasonable debt collection, legal, or court costs incurred in recovering unpaid invoices.

1.3 Revisions and Author's Corrections

Each quote includes a set number of revision rounds (typically one to two, as specified in the quote), based on feedback against the original brief and supplied content.

"Author's Corrections" are changes requested outside the scope of the original brief or supplied content — for example new copy, a change in creative direction, additional concepts beyond those quoted, or scope added after work has begun. Author's Corrections are billed at $75.00 AUD per hour in 15-minute increments, in addition to the quoted fee.

To avoid unnecessary Author's Corrections charges, please make sure all content (copy, images, logos, etc.) is finalised and approved internally before it's supplied, and provide clear, consolidated feedback in each review round.

1.4 Ownership, Copyright and Portfolio Use

Once an invoice is paid in full, ownership of the final approved design transfers to you for use in any media application relevant to your business. Until full payment is received, all concepts, drafts and final files remain the property of NimCreative.

NimCreative retains ownership of preliminary concepts, drafts, and any design not selected as the final deliverable, and may reuse or repurpose this work.

NimCreative reserves the right to display completed projects — including designs, mockups, and photography of printed or physical outcomes — in its portfolio and promotional materials, including its website and social media, unless you request otherwise in writing (for example due to confidentiality requirements).

It is your responsibility to register any copyright or trademark protection you require for your final designs; NimCreative does not provide legal or trademark advice.

1.5 Working Files, Fonts and Editable Source Files

Final deliverables are supplied in formats suitable for their intended use (for example print-ready PDF, web-optimised files, or packaged source files). Editable working files (e.g. native Adobe files) are not included by default, to protect brand consistency across future work.

If editable working files are specifically requested, these can be supplied at an additional cost, to be agreed on a per-project basis. Licensed fonts cannot be supplied as part of any file handover due to font licensing restrictions — you will need to purchase your own licence for any fonts used, if required.

1.6 Delays

Illness, injury, equipment failure, or other circumstances reasonably outside NimCreative's control may result in delays to agreed timeframes. NimCreative will notify you as soon as practical if this occurs and agree a revised timeframe.

1.7 Liability

NimCreative will carry out services with reasonable skill and care, but does not guarantee that any design, file, or website will be error-free or uninterrupted, or that it will achieve any particular commercial outcome. To the maximum extent permitted by law, NimCreative's liability for any claim arising from these Terms is limited to the amount paid by you for the relevant service, and NimCreative is not liable for any indirect, incidental or consequential loss (including lost profits or lost opportunity).

Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right under the Australian Consumer Law that cannot lawfully be excluded.

1.8 Termination

Either party may terminate an engagement in writing if the other party is in material breach of these Terms and fails to remedy that breach within a reasonable period of being notified.

If you choose to cancel or withdraw from a project after work has commenced, NimCreative will invoice for time and costs incurred up to that point, and any deposit paid is non-refundable to the extent it covers work already completed. If NimCreative is unable to complete a project by an agreed, written deadline for reasons within its control, you may terminate the agreement and will only be liable for work completed to that point.

1.9 Confidentiality

Any confidential business information shared during a project will be used solely for the purpose of delivering that project and will not be disclosed to third parties, other than subcontractors bound by confidentiality where relevant.

1.10 Governing Law

These Terms are governed by the laws of Western Australia, Australia, and any dispute arising from them is subject to the jurisdiction of the courts of Western Australia.


2. Logo & Brand Identity Design

Applies to logo design, visual identity, and brand guideline projects.

Initial concepts are developed based on your completed brief. Should the initial concepts not meet your requirements, NimCreative will provide one additional round of concepts at no extra cost; further new concept rounds beyond this are treated as Author's Corrections (see 1.3).

Final logo files are delivered as a package suitable for both print and web use (typically vector and raster formats). A brand style guide is not included by default and can be quoted separately if required.


3. Print Design

Applies to flyers, brochures, posters, advertisements, packaging collateral, signage and other printed marketing material.

Print-ready files are prepared to industry-standard specifications, including appropriate bleed, safe margins, resolution and colour mode (CMYK) for the intended print process. If you are supplying files to your own printer, NimCreative will flag any production considerations relevant to your specific stock, finish or printer requirements where known, but is not responsible for print outcomes once files leave NimCreative's control (including printer colour variance, stock substitution, or in-house printing/template issues).

If print production is managed by NimCreative on your behalf, any printer-specific proofing, stock, or finish requirements will be confirmed with you before files are sent to print.


4. Web Design

Applies to website design and build projects (including simple brochure-style sites and landing pages).

The quote will specify what is included — for example number of pages/templates, whether a content management system is used, and whether copywriting, photography, hosting, domain registration or ongoing maintenance are included. Unless stated otherwise, hosting, domain registration and ongoing maintenance are the Client's responsibility and are not included in the build fee.

You are responsible for supplying final, approved content (text, images, branding) in a timely manner; delays in supplying content may affect the delivery timeframe. Cross-browser and cross-device testing is carried out on current major browsers and common device sizes at the time of build; NimCreative is not responsible for display issues arising from browser updates, plugin conflicts, or third-party platform changes after launch, unless covered by an agreed maintenance arrangement.


5. Packaging & Dieline Design

Applies to structural packaging design, dielines, and packaging artwork layout.

Dielines and structural packaging concepts are provided based on the dimensions, stock, and manufacturing method specified by you or your chosen packaging supplier/converter. NimCreative is not responsible for structural or manufacturing errors arising from inaccurate specifications supplied by you or a third-party manufacturer.

It is strongly recommended that any packaging dieline be tested with a physical proof or sample run by your chosen manufacturer before committing to a full production run; NimCreative can advise on this process but does not guarantee manufacturing outcomes, as these depend on the manufacturer's own equipment and tolerances.

As with print design (Section 3), final packaging artwork is prepared with appropriate bleed, safe margins and colour profile for the intended print/production method, based on information available at the time.


6. Acceptance

By accepting a quote or estimate from NimCreative — in writing, by email, or by payment of a deposit — you confirm that you have read, understood, and agree to these Terms & Conditions in full. If you have any questions about these Terms before accepting a quote, please contact NimCreative to discuss.

 

NimCreative | Perth, Western Australia | hello@nimcreative.com.au | www.nimcreative.com.au