When you engage Phase Creative to perform work in a freelance or independent contractor capacity, you will be required to accept the Phase Creative Freelance Terms & Conditions. Rates will be confirmed in writing before work commences.
Agreement between Catherine Beaton, owner/operator of Phase Creative (hereinafter referred to as “Phase Creative”), and You, the authorised representative of “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Digital Designer, Web Designer, Digital Producer or Graphic Designer.
- AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (9:00am – 5:00 pm) will be negotiated between The Client & Phase Creative before work commences. The agreed hourly rate is to remain confidential between The Client and Phase Creative. Phase Creative reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.
- DAILY RATE – Where a client prefers to engage Phase Creative at a fixed Daily Rate, Phase Creative will negotiate with the client to an agreed rate which is to remain confidential between The Client and Phase Creative. Phase Creative reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
- OVERTIME RATE – The overtime rate is applicable outside the normal business hours of 9:00am – 5:00pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 38 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
- SUPERANNUATION GUARANTEE – In cases where Phase Creative is required to perform duties on a client site at a specified time at an hourly or daily rate, the Australian Taxation Office deems the relationship to be that of employer/employee. Therefore, when the payment for Freelance Services exceeds $450 in 1 (one) calendar month, Phase Creative’s invoices include a Superannuation Guarantee component. This has been incorporated into your hourly rate with Phase Creative, and will appear as a separate entity on the invoice. Superannuation in Australia is currently 9% and will rise to 9.25% from July 2013. This must be paid directly to the nominated Superannuation Account and details will be noted on the invoice.
- EXCLUSIVE BOOKING – Where The Client has requested the services of Phase Creative on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
- MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is cancelled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced.
- PAYMENT – Phase Creative invoices weekly. Payment by The Client is required within 7 (seven) days of receipt of invoice from Phase Creative. Phase Creative accepts payment by direct deposit and the bank account details will be made available to you when the invoice is sent.
- CONFIDENTIALITY – Phase Creative agrees not to misuse or disclose any confidential information that may be made available by The Client.
- CLIENT RESPONSIBILITIES – Phase Creative is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Phase Creative will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – Phase Creative will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Phase Creative is not liable for loss, expense or damage caused by any act or omission.
- NATURE OF COPY – The Client agrees to exercise due diligence in its direction to Phase Creative regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Phase Creative prepares. Phase Creative will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
- LIABILITY – Phase Creative makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, Phase Creative shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify Phase Creative immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
- VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Phase Creative and The Client.