By utilizing TRIPLESHOTCREATIVE.COM web site ( www.tripleshotcreative.com ), design services and/or submitting a quote or project via the world wide web, e-mail, phone, fax or in person, to TRIPLE SHOT CREATIVE , you (”THE CLIENT”) agree to the Terms and Conditions of Use (”TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with our TERMS AND CONDITIONS before submitting any order for artwork, web design or graphics design (”THE PROJECT”).

If you do not accept these Terms and Conditions, you may not use TRIPLE SHOT CREATIVE design services, studio or web site(s).

In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of design/artwork proof(s) presented to THE CLIENT by TRIPLESHOTCREATIVE.COM as part of THE PROJECT.

In the context of these TERMS AND CONDITIONS, design revisions (”REVISION(S)”) shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (”FINAL(S)”) shall refer to the web design and/or graphic design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).

TERMS & CONDITIONS

1. TRIPLE SHOT CREATIVE will begin THE PROJECT upon receipt of a deposit which amounts to 50% of the FULL PAYMENT from THE CLIENT. The balance is due and payable upon project completion, and before it is released to THE CLIENT, or published to the internet.

2. Final balance payments not received within 10 days of billing notice will incur a 10% per day late fee charged on the balance owing. Cheque payments returned for nonsufficient funds will be charged an AUD$25 fee. TRIPLE SHOT CREATIVE retains the right to hold any and all graphics and project development until FULL PAYMENT is received.

3. Upon completion of THE PROJECT, TRIPLE SHOT CREATIVE agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. TRIPLE SHOT CREATIVE will transfer ownership of copyright to the client (if applicable), in writing, at that time. TRIPLE SHOT CREATIVE retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other display such as on the TRIPLE SHOT CREATIVE website and other TRIPLE SHOT CREATIVE assets. Website designs created by TRIPLESHOTCREATIVE require a text link back to TRIPLESHOTCREATIVE.COM. Your website design will include this link as part of the website footer text. The client guarantees that this link will remain in place unless or until said design is no longer published to the internet. Removal of this link is a violation of this agreement.

4. TRIPLE SHOT CREATIVE agrees to add a Trademark, Copyright or other ownership mark as may be requested by THE CLIENT from time to time. Due to the complexities of international copyright and trademark law, TRIPLE SHOT CREATIVE will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.

5. THE CLIENT agrees that any material, including but not limited to, images, photographs, graphics, artwork, media, text and illustrations supplied by the CLIENT at any time for inclusion, incorporation and/or addition into THE PROJECT (”CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply TRIPLE SHOT CREATIVE this permission, in writing, if requested. THE CLIENT also agrees to indemnify TRIPLE SHOT CREATIVE in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. TRIPLE SHOT CREATIVE reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is TRIPLE SHOT CREATIVE’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies TRIPLE SHOT CREATIVE artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, TRIPLE SHOT CREATIVE reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.

6. Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created and approved by the client, all payments made by CLIENT become non refundable. In the unlikely event that TRIPLE SHOT CREATIVE cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing. The project then becomes subject to an administration fee amounting to no less than the AUD$199. TRIPLE SHOT CREATIVE will apply any project retainer fees to this ‘guarantee-fee’. In the event of a job cancellation, artwork remains the exclusive intellectual property and copyright of TRIPLE SHOT CREATIVE unless released in writing by TRIPLE SHOT CREATIVE. If a final design is not selected by THE CLIENT within 30 days, all works related to project become the exclusive property of TRIPLE SHOT CREATIVE. Also, if THE PROJECT retainer payment was submitted via any credit card service, THE PROJECT is also subject to an AUD$199 administration and service fee should the project be cancelled, for any reason, by the client, prior to approval and/or completion. Any billing dispute must be submitted to our staff, who can be contacted using the information contained on the Contact Us page found at TRIPLESHOTCREATIVE.COM.

7. No further changes in the PROJECT may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been approved by THE CLIENT, unless as a part of a package where multiple concept revisions are included. Such changes require a new PROJECT submission and the creation of a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY design must be within the original scope of the PROJECT as submitted to TRIPLE SHOT CREATIVE, by THE CLIENT, prior to approval by THE CLIENT of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE CLIENT makes said web site available on the ‘World Wide Web’ (THE INTERNET) through placing of any PRELIMINARY DESIGNS or REVISIONS artwork on a server and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Any further edits or revisions to THE PROJECT will be subject to additional hourly billings and/or charges to THE CLIENT.

8. In the course of THE PROJECT, TRIPLE SHOT CREATIVE will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to TRIPLE SHOT CREATIVE regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to termination and placement in our STALE DATED database. Any STALE DATED project is subject to an AUD $199 reactivation and un-archiving fee. This fee is at the sole discretion of TRIPLE SHOT CREATIVE.

9. If THE CLIENT fails to communicate with TRIPLE SHOT CREATIVE regarding any initiated project for a period of more than 90 days, such project will be cancelled, and all funds paid to TRIPLE SHOT CREATIVE by THE CLIENT shall be applied as a CANCELLATION FEE. No further edits, revisions, file transmission or online image storage will be undertaken by TRIPLE SHOT CREATIVE after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in our current pricing schedules, unless specifically waived, in writing by an authorized representative of TRIPLE SHOT CREATIVE.

10. Further, if THE CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as CANCELLATION FEE to original project, and any new retainers and/or balances shall be applied to new project as requested by THE CLIENT. Any outstanding fees owed by the client on a completed project will be fully payable. Outstanding fees not paid in full by THE CLIENT will be sent to our lawyers for collection. THE CLIENT agrees to pay any legal fees accrued in the collections process. Please pay on time.

11. All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of TRIPLE SHOT CREATIVE. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by TRIPLE SHOT CREATIVE.

12. TRIPLE SHOT CREATIVE is NOT liable for any damages or expenses incurred by the client in the use of artwork, code or any part of THE PROJECT created in THE PROJECT by third parties, unless said third party is contracted by TRIPLE SHOT CREATIVE as a ‘work-for-hire’ vendor, or in direct professional consultation with TRIPLE SHOT CREATIVE. Such consultation is subject to fees as agreed to by THE CLIENT and TRIPLE SHOT CREATIVE. By contracting TRIPLE SHOT CREATIVE to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us using the contact information listed on the Contact page of our web site.

13. Services purchased from TRIPLE SHOT CREATIVE are provided "as is" without warranty of any kind that the graphic design or web design PROJECT will be uninterrupted or error free. In no event shall TRIPLE SHOT CREATIVE be liable to THE CLIENT for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, its control panel, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, its control panel, services, and/or goods provided to THE CLIENT.