Terms & Conditions

I’ll always do my best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. If you have any questions about the below please feel free to pick up the phone and call me.

Agreement between Lauren Pothof owner/operator of Tomato Creative (hereinafter referred to as “Tomato Creative” or “The Designer”), and You, the authorised representative of  “The Client” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Designer, Web Designer or Graphic Designer.

1. COMMUNICATION – Tomato Creative can be reached by telephone from Monday to Friday between 9am and 5pm AEST. In an effort to balance work and family, I do my best to avoid checking email outside of these times so if the matter is urgent please call my mobile.
2. PAYMENT – The client will make a 20 percent downpayment prior to work commencing. The project can be scheduled once the downpayment is received by the designer. Payment by The Client is required within 14 (fourteen) days of receipt of invoice from Tomato Creative. Tomato Creative accepts payment by direct deposit and the bank account details will be sent along with the invoice.
3. CONFIDENTIALITY – The client shall inform Tomato Creative in writing if any portion of any material or information provided by the client or if any portion of the project is confidential. Tomato Creative agrees not to misuse or disclose any confidential information that may be made available by The Client.
4. CLIENT RESPONSIBILITIES –  All reasonable care will be taken to ensure work is completed to the highest achievable standard however Tomato Creative will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the project.
5. COPYRIGHT – The Client represents to Tomato Creative and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork supplied to the Designer for inclusion in design work are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Tomato Creative from any claim or suit arising from the use of such elements furnished by the Client.
6. OWNERSHIP – The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. Tomato Creative reserves the right, (with your permission) to display and link to your project as part of its portfolio.
7. CONTENT – Unless otherwise stated, pricing does not include copy writing or images. If you’d like Tomato Creative to write new content for you or source images, I can provide a separate estimate for that.
8. CLIENT REVISIONS  –  If significant page modification is requested after a page has been built or designed to the Client’s approved specification, it must count as an additional page charged at my hourly rate. Examples of significant page modification at the request of the Client include: 1. Designing a new layout or layer structure to accommodate a substantial redesign at the Client’s request;  2. Recreating or significantly modifying the logo and or graphics at the Client’s request; 3. Replacing more than 75% of the text to any given page at the Client’s request; 4. Creating a new navigation structure or changing the graphics at the Client’s request.
9. ARTWORK APPROVAL – Tomato 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, Tomato Creative is not liable for loss, expense or damage caused by any act or omission.
10. WEBSITE MAINTENANCE GRACE PERIOD – This agreement includes minor project maintenance over a one-month period following launch. This includes updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. The one-month maintenance period commences upon the date the project is signed off for launch. Changes requested by the Client beyond those limits will be billed at the hourly rate.
11. BROWSER TESTING – Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. Your website will be designed to work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. Websites may render differently across browsers. Tomato Creative can’t guarantee that every aspect of your site will display identically in every browser, because each browser is powered by different technology.
12. LIABILITY – Tomato 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, Tomato 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 Tomato Creative 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.
13. WARRANTY – Tomato Creative does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Tomato Creative will not be held responsible for occasional downtime of email or project due to line interruptions and/or other instances beyond the Designer’s control.
14. CANCELLATION / TERMINATION OF AGREEMENT – If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by Tomato Creative and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on hours completed to date.
15. VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Tomato Creative and The Client.