MH Creative Co. Terms, Payment & Service Policy

Introduction

MH Creative Co. (“we”, “us”, or “our”) values strong, transparent, and professional relationships with our clients. These Terms, Payment & Service Policy outline how we work together to ensure clarity, fairness, and accountability. 

This agreement is between MH Creative Co. (ABN 21 514 795 289) and you, the client (“you” or “your”).

By engaging MH Creative Co., making a payment, or approving a quote or proposal, you confirm that you have read, understood, and agreed to these terms. 

Summary

We’ll always do our best to meet your expectations and deliver creative work that supports your goals. These terms are designed to make sure both parties understand:

  • what we’ll do

  • what you’ll do

  • how payment works

  • how changes, cancellations, and ownership are handled.

There are no hidden clauses or unnecessary legal jargon - our aim is a clear, fair, and positive working relationship.

1. Scope of Work

 You are engaging MH Creative Co. to provide one or more of the following professional services:

Design - including but not limited to brand identity, logo design, web/UI design, packaging, and marketing materials.

Illustration - including technical diagrams, infographics, maps, schematics, conceptual, scientific, or editorial illustration.

Imaging - including photography, image capture, retouching, post-production, colour correction, scanning, digitisation, and file optimisation.

The specific scope, deliverables, timelines, and fees will be outlined in your approved proposal, quote, package description, or invoice.

Any work requested outside the agreed scope will be treated as additional work and quoted separately before commencement.

Unless otherwise stated:

  • Illustration services are separate from design services.

  • Imaging services are separate from both design and illustration services.

2. Responsibilities of Both Parties

You agree to:

  • Confirm you have the authority to enter into this agreement on behalf of yourself or your organisation.

  • Provide accurate, complete, and timely materials (content, images, data, approvals, feedback).

  • Ensure all supplied materials do not infringe copyright, trademark, or other intellectual property rights.

  • Arrange and obtain any required legal, regulatory, or industry approvals prior to publication or use of the work.

  • Review work promptly and provide consolidated feedback.

  • Make payments according to the agreed schedule.

 We agree to:

  • Deliver services professionally and with reasonable care and skill.

  • Communicate clearly throughout the project.

  • Keep client materials confidential unless otherwise agreed.

  • Apply our creative and technical expertise to meet the agreed objectives.

Delays in feedback, approvals, payment, or supply of materials may result in adjusted timelines.

3. Project Timelines

Project timelines are estimates only and depend on scope, complexity, and client responsiveness.

While we make every effort to meet agreed deadlines, MH Creative Co. is not liable for delays caused by:

  • late feedback or approvals

  • changes to scope

  • third-party suppliers

  • illness, technical failure, or events beyond our reasonable control (force majeure)

Revised timelines will be communicated as required.

4. Revisions & Additional Work

Your proposal or package specifies the number of included revision rounds.

Revisions are defined as reasonable refinements to the agreed concept - not new concepts, directions, or substantial changes.

Any additional revisions or work outside the original scope will:

  • be quoted separately or

  • be charged at our standard hourly rate, unless otherwise agreed.  

We will notify you before commencing any chargeable additional work.

5. File Delivery & Retention

Final files will be supplied digitally after:

  • final approval, and

  • receipt of full payment

Files will be delivered in formats appropriate to their intended use (e.g. AI, PDF, PNG, JPG, TIFF).

Clients are responsible for backing up all delivered files. MH Creative Co. is not obligated to retain project files after final delivery.

6. Ownership, Copyright & Usage Rights

Before final payment:

All artwork, designs, illustrations, imagery, concepts, and working files remain the intellectual property of MH Creative Co.

Distribution, reproduction, or use of artwork prior to full payment is not permitted without written consent.

 After final payment:

You are granted the right to use the final approved deliverables for their intended business or organisational purpose, as agreed.

MH Creative Co. retains ownership of:

  • preliminary concepts

  • unused drafts

  • rejected designs

  • working files, unless otherwise agreed in writing

You are responsible for:

  • trademark, service mark, copyright, patent, or business name registration

  • conducting any necessary IP or trademark searches

MH Creative Co. accepts no responsibility for legal conflicts arising after handover.

7. Portfolio Use & Promotion

MH Creative Co. reserves the right to:

  • photograph, display, reproduce, and publish completed work

  • showcase selected in-progress visuals

for portfolios, websites, case studies, social media, and promotional materials.

If you require confidentiality or non-publication, this must be requested in writing before project commencement.

For web projects, a discreet credit (e.g. “Design by MH Creative Co.”) may be included unless otherwise agreed.

8. Payment Terms 

All prices are in AUD unless stated otherwise.

Work will not commence until payment has been received and cleared.

Custom Projects:

  • 50% non-refundable deposit to commence work

  • 25% due upon proof approval

  • 25% due before final delivery

Design Packages & Digital Downloads:

  • Full payment required upfront

Invoices are payable within 7 days unless otherwise stated. Late payment may result in paused work, delayed delivery, or withheld files.

Accepted payment methods may include:

  • Bank transfer

  • PayPal

  • Website checkout (where applicable)

Payment constitutes acceptance of the quoted price and these terms.

9. Printing & Third-Party Services

Printing, hosting, plugins, stock imagery, fonts, software, or other third-party services are not included unless explicitly stated.

If printing or third-party services are requested:

  • they will be quoted separately

  • MH Creative Co. is not responsible for performance, quality, or availability of third-party providers

10. Cancellations & Refunds

You may cancel a project at any time by written notice.

Please note:

  • Deposits are non-refundable once work has commenced

  • All work completed up to the cancellation date will be invoiced and payable

If MH Creative Co. cancels a project, any unspent funds for work not yet undertaken will be refunded.

11. Originality & Client-Supplied Materials

MH Creative Co. warrants that original work produced is, to the best of our knowledge, original.

You confirm that all materials you supply:

  • are owned by you or properly licensed

  • do not infringe copyright or other IP rights

MH Creative Co. accepts no liability for issues arising from client-supplied content. 

12. Liability 

MH Creative Co. does not guarantee specific commercial, financial, or marketing outcomes.

We are not liable for:

  • loss of profit, revenue, or opportunity

  • errors in client-provided information

  • misuse of delivered materials

  • third-party failures

MH Creative Co.’s total liability is limited to the total fees paid for the project.

13. Governing Law

This agreement is governed by the laws of New South Wales, Australia.