Service agreement

This agreement

This is a formal agreement between the client (you) and Caffeine Powered Digital (we/us). It covers all projects undertaken together. These terms remain in effect until the agreement is updated, or it is voided by mutual consent (in writing).

Payment terms

Payments are accepted via EFT or credit card and payment details will be included with your invoice.

All invoices will include a due date, usually 7 days from issue. Late payments incur a 5% late fee, and an additional 5% late fee for every 7 days the payment is late.

Project scope

Your quote or proposal outlines the agreed project scope. Any requests or changes outside this scope may require additional work, and we’ll provide a separate quote for those before proceeding.

Revision rounds

Feedback should be provided in consolidated “rounds.” We include up to two rounds of changes per project (or per project phase for larger projects). Additional rounds can be quoted separately and taken on as extra work, subject to availability.

Third party costs

Some third party costs may be incurred during the course of a project (such as stock photos, fonts, subscriptions, or other creative assets). These costs will be added to the final project invoice. Third party costs will only be incurred with your written permission (unless specified in the initial quote).

Trademark infringement

While every commercially reasonable effort is made to ensure that designs are unique, Caffeine Powered Digital cannot guarantee that work undertaken will not infringe on any trademarks or copyright material, either in Australia or elsewhere in the world. It is formally recommended that you engage the services of a specialist legal professional to ensure work does not infringe on any trademarks.

Termination of service

If you decide to end the project for any reason, please notify us in writing. We will invoice based on the percentage of the quoted work that has been completed at that point, or retain the project deposit (whichever is greater). Any completed or partially completed work will be provided once all payments have been finalised.

If we are unable to complete the work for any reason, we will make every effort to find someone who can finish it within the agreed budget and standard. In this case, the deposit will be returned proportionally to the completed work, and any remaining completed or partially completed materials will be provided once any outstanding payments have been made.

Limitation of liability

Caffeine Powered Digital will exercise reasonable care and skill in providing services, but we cannot guarantee uninterrupted or error-free performance. To the maximum extent permitted by law, our liability for any claim arising out of or in connection with this agreement is limited to the fees paid by you for the specific project. We are not liable for any indirect, incidental, consequential, or special damages, including loss of profits, loss of business, or loss of data.

Intellectual property

All work remains the intellectual property of Caffeine Powered Digital until full payment for the project has been received, or the service is formally terminated (as outlined above). You may not publicly share, distribute, or publish any work—including drafts or in-progress content on social media—before this point. We reserve the right to withhold, remove, or take down any work if project payments are not made in accordance with the agreed schedule.

Portfolio rights

You agree that Caffeine Powered Digital may showcase the work completed for your project in our portfolio, website, social media, or marketing materials. If you prefer that your project not be displayed, please notify us in writing prior to public release, and we will respect your request.

Timeframes

Estimated timeframes may be provided for your project. These estimates rely on you providing feedback, content, and approvals within a reasonable time (usually 1-2 business days). Delays in receiving these may extend the overall project schedule. If you have specific deadlines, please let us know in advance so we can confirm whether they can be met.

Commencement of work

For most projects, an estimated commencement date will be provided along with your quote. This date is subject to (1) receipt of your signed proposal, and (2) payment of your project deposit.

Maximum engagement

All projects are subject to a maximum engagement term of six months from the project commencement date, unless otherwise agreed in writing. If the project is not completed within this timeframe due to delays outside our control (including delays in receiving content, feedback, or approvals), we reserve the right to:

• invoice for any work completed to date, and/or
• charge additional fees to recommence or complete the project.

Projects that extend beyond the maximum engagement term may also be subject to a revised quote, reflecting any changes in scope, availability, or pricing since the original agreement.