TERMS
STATIONERY TERMS
Ownership
All designs on this site are the sole property of Bow Creative and are covered by copyright. Designs may not be reproduced or replicated in any form without the permission of Bow Creative. Any breach of copyright will be pursued.
Colour, paper stock and changes
During your design consultation we will discuss all colour, paper and finishing options, then you will make your final selection on confirming your order. Unfortunately, once an order has been placed we are unable to accommodate new change requests to your selections. All of our designs are available in the selected colour ways on our website. However, if you don’t see what you’re looking for, let us know and we will accommodate as best we can.
Reviewing final proofs/reprint requests
Your signed final agreement acts as approval of the designs exactly as they appear within the Digital Proof. Changes requested beyond this point will incur reprinting fees. Please note that reprinting fees must be paid prior to the reprint commencing, and that the cut-off is 1 week prior to your event.
It is important to note that it is your responsibility to check the artwork and ensure it meets your requirements. Please take the time to check all the steps outlined below carefully. We are not responsible for mistakes that might occur after the proof is received. If your artwork needs to be changed, please specify those changes to us via email and the process will be repeated until the proof(s) attached are final.
Spelling and grammar - We ask that you double check the spelling of each guest's name, as well as menu items. If you wish to use a nickname rather than a guest's given name, please include both their given name and nickname, so that we can ensure each guest is accounted for. This is also why we require surnames, to confirm the correct amount of names should there be multiple guests with the same first name.
Dates - Please ensure you have your correct wedding date provided
Punctuation
Images – File sizes are reduced for easier email transfer and contain Bow Creative watermarks. Please be aware that they are not set up for print, they may appear at a lower resolution.
If you are happy with everything, please sign the final proof agreement and upon receiving your final payment, we will commence the printing process.
If there are errors discovered within the text after the digital proof has been approved, Bow Creative will revise the design without charge, however the customer will be responsible for the re-printing of the printed material at a discounted rate of the original cost of the item(s).
Sometimes things happen, we acknowledge that discrepancies may occur. If final prints do not match the designed content represented in the final digital proof that has been approved, we will offer a reprint of the order free of charge, and expedite this as soon as possible to remedy our error.
Currency
All dollar amounts are in Australian dollars and pricing excludes GST.
Prices
Quoted prices are valid for 30 days only and are subject to change without notice.
Shipping
Shipping is provided through Sendle, Interparcel or Australia Post and charged according to size and weight of packaged goods. You will receive a tracking number once shipment has been made.
Bow Creative is located in Melbourne and currently ships Australia wide. Watch this space for international shipping.
Delivery
Delivery times depend on item type and material printed on. For this reason we require all designs to be finalised and agreed upon no later than 4 weeks prior to your event. As soon as your designs are confirmed they will be sent to print to ensure ample delivery time. In certain circumstances we may be able to accommodate rush orders, please contact us if you require a rush order and we’ll do our best to accommodate. Additional production fees apply.
Loss or damage
Bow Creative cannot be held responsible for any loss or damage in transit once the order has been dispatched. We will take the utmost of care to ensure safe and appropriate packaging and delivery methods are used.
You will be supplied with a courier tracking number on the day that your package is collected from our studio so you can track your goods from door to door. If you require additional security measures, such as signature upon delivery, please let us know and we will arrange this for you.
Cancellations/refunds
Bow Creative operates as a service-based enterprise, crafting all our products upon order placement and payment receipt. Due to this process, refunds are not feasible. Hence, we advise careful consideration before ordering. We strongly recommend purchasing our sample pack beforehand to experience firsthand the superior quality and skillful craftsmanship of our designs. Additionally, scheduling a studio visit before finalising your order can help clarify any uncertainties regarding paper and finishing options.
Sometimes life happens, and we understand that! If you are needing to cancel, please get in contact with us as soon as possible and we will discuss the available options. Bow Creative reserves the right to approve or decline cancellation requests at their own discretion, and this will be assessed based on the individual situation of the client.
Rush orders/fees
As mentioned above, in certain circumstances we may be able to accommodate rush orders, please contact us if you require a rush order and we’ll do our best to accommodate.This will incur additional production fees to ensure our team and printers can meet your deadline. Rush fees will also apply to clients who fail to meet our printing deadlines, as we cannot guarantee the same timely delivery of goods when production is delayed.
Publishing and Promotion
We reserve the right to post any images of our work on all social media channels and our website. We will never publish your address or contact details or any guest addresses. If you specifically do not want your invites or wedding stationery on social media, please advise us in writing at the time of your booking.
We love seeing our work in the wild! If you would like to share our work on socials, please tag us, @_bowcreative
BOW CREATIVE TERMS & CONDITIONS OF SERVICE (“TERMS”)
Last updated: 8 September 2022
Terms
These are the Terms of Katherine Chau A.B.N. 20 865 656 063 trading as Bow Creative (“we”, “us”, “our” or “Bow Creative”). By using our services, you agree to be legally bound and to abide by these Terms. If you do not agree with these Terms, you must not use our services. We, at our discretion can modify these Terms at any time by giving you thirty (30) days’ notice and such modifications will be effective at the expiry of the notice period. You cannot unreasonably reject, refuse or delay such modification of these Terms.
Services
We will provide such services and/or products to you as set out in the Proposal (“Services”). Proposals shall remain valid for thirty (30) days from the date of issue, after which, if not accepted, they may be subject to change.
Fees and payment
The fees payable for the Services are set out in the Proposal (“Fees”).
A non-refundable deposit of 30% is payable within seven (7) days of accepting the Proposal.
Services will not commence until we receive the 30% deposit under clause 3(b) of these Terms. You will be deemed to have accepted these Terms when you pay the 30% deposit.
You will be deemed to have accepted these Terms when you pay the 30% deposit.
The remainder of the total balance payable to us is due thirty (30) days before the date of the event.
In addition to the fees payable for the Services, you will pay us for all generally approved extra costs that we may incur for accommodation, travel, meals, parking and any other reasonable and customary costs that we may incur whilst performing the Services.
We may charge you for any reasonable costs that we incur as a result of any delay caused by you or due to any circumstances that are within your reasonable control.
Fees are payable by electronic funds transfer (EFT) to a bank account nominated by us or online payment, or any other means reasonably determined by us from time to time.
If you fail to pay us in accordance with these Terms, we reserve the right to cease your work immediately without notice, and may seek damages for the loss suffered by us due to your default.
We reserve the right to charge you interest in respect of the late payment of any money due under these Terms at the rate of 5% above the cash rate from time to time of the Reserve Bank of Australia from the due date to the date of receipt of payment.
You agree to pay us such costs and expenses as we may incur in recovering payment from you where you fail to make payment in accordance with these Terms.
Changes
Any services and/or products that fall outside the scope of the Proposal will incur additional fees, and these fees will be notified to you.
Cancellation
If you request to change the date of the event, we will take all reasonable steps to transfer all reservations, suppliers and service providers to the new date. You agree that any expenses incurred as a result of the date change including but not limited to deposits and fees that are not refundable and non-transferable are at your sole responsibility. There may also be additional charges above and beyond those set out in the Proposal.
If you cancel the engagement of our services and/or products the following cancellation fees will apply:
Cancelled within 90 days of the event date: 25% of the remainder of the total balance payable;
Cancelled within 60 days of the event date: 50% of the remainder of the total balance payable;
Cancelled within 30 days of the event date: 75% of the remainder of the total balance payable;
Cancelled within 14 days of the event date: 100% of the remainder of the total balance payable.
Uncontrollable events (excluding COVID-19 Special Terms & Conditions)
In the event of wet weather, we will use our reasonable endeavours to make alternative arrangements. We will not be liable for any loss suffered due to the change of venue or poor weather.
If we have to cancel the Services because we are unable to continue due to some medical or personal emergency, or some other event beyond our reasonable control, we will use our reasonable endeavours to find an alternative event planner to complete the Services. We will not charge you for the time involved in doing this. However, you must pay for the Services up to and including the date of cancellation.
Client’s obligations
You are responsible for:
giving us clear and accurate information / instructions;
providing feedback in a timely manner;
advising us in a timely manner about any special requirements that you or your guests may have;
looking after the safety of suppliers while at the venue;
being on time for meetings and trial runs (if any); and
reading and understanding supplier contracts.
Third-party suppliers and service providers
We act as an independent contractor brokering the contract(s) between you and any third-party suppliers and service providers. You shall be the contracting party with the supplier and service provider.
We will take reasonable steps to select appropriate suppliers, but we are not responsible for the performance or attendance of the suppliers.
In the event of non-attendance, non-performance or inadequacy of any supplier, we will take reasonable steps to enable the event to take place in accordance with the Proposal.
We reserve the right to make any changes to third-prices services and goods engaged due to hire availability or logistical circumstances. In the event of any specific requirements (including without limitation any significant design changes, and ordered quantity) representing a total Styling Budget price increase, you will be notified and afforded an opportunity to confirm.
In the event of an emergency, including on the day of the event, we may take any action we deem necessary to maximise the success of the event and fulfil the Services.
Photography
You give us permission to use any photograph of you and the event setting for viewing on our website and related social media outlets for promotional purposes only. We will seek your consent (such consent cannot be unreasonably withheld, conditioned or delayed) to use the images for any other form of advertising other than publication on our website and social media accounts. We will also obtain consent from your photographer for the use of their professional images.
Liability
All implied conditions, warranties and terms are excluded. If an implied condition, warranty or term cannot be excluded, then this sub-paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We shall not be liable to any client for any loss or expense which is:
indirect or consequential loss;
economic loss or other loss of turnover, profits, business or goodwill;
loss of amenity represented by the client having no visual record of an event; or
loss or damage suffered by the client as a result of an action brought by a third party.
The above provisions apply even if such loss was reasonably foreseeable or we had been advised of the possibility of the client incurring it.
Except in the case of death or personal injury, the total liability of Bow Creative under this Agreement, shall not exceed the sum of $10,000. This applies whether an action is based on contract, tort or any other basis in law.
This paragraph (and any other paragraph which excludes or restricts the liability of Bow Creative) applies to Bow Creative’s employees, contractors, subcontractors and agents as well as Bow Creative.
You agree to indemnify us against any liability to any supplier for the event in case of any claim against us. This indemnity will include all professional, legal fees and personal time cost of Bow Creative.
Termination
In our sole discretion, we may terminate this Agreement at any time, with seven (7) days’ notice to you, if:
we consider that a request for a service is inappropriate or for any improper, immoral or unlawful purpose;
you fail to provide us with clear and/or timely instructions to enable us to provide the Services;
we are of the view that there has been a break down in our working relationship; and
you fail to pay our invoice(s) in accordance with these Terms.
In our sole discretion, we may terminate this Agreement at any time, and without notice to you, if you become insolvent (for company clients) or bankrupt (for individual clients).
Any rights or obligations that have accrued up to and including the date of termination will survive.
You will pay us for all work done up to and including the date of termination.
Product hire
All hire item fees are payable in addition to our packages.
All quotations for our hire items are subject to availability at the time of booking.
Unless otherwise stated, all prices quoted are for three (3) day hire.
Hire items shall be collected from and returned to us in Chadstone, Victoria. An appointment time will be arranged for this. All items that are returned late will attract an extended hire fee. In our sole discretion, we may deliver and/or collect hire items on your behalf. If we agree to this, there will be an additional charge.
A 10% damage waiver fee is payable on all bookings for hire items. You are responsible for damages sustained to items during the hire period. This applies to any items that are not returned at the end of the hire period. In the event of damage or loss, you will be invoiced for repair or replacement costs. This invoice is payable within seven (7) days. If any hire items are returned in an unclean state, a cleaning fee will apply at the sole discretion of Bow Creative.
Orders will not be confirmed until deposit has been received in full.
Confidentiality
Neither party may disclose Confidential Information about or belonging to the other without the other’s consent. Notwithstanding, we may disclose Confidential Information to our contractors in relation to the provision of the Services and either party may disclose Confidential Information to: (a) its insurer or legal advisors, provided that the Confidential Information remains confidential; (b) if required to do so by law or by a regulatory authority including under subpoena; or (c) if required for the proper performance of the Services.
“Confidential Information” means all non-public information or documents which either party receives or produces in connection with the Services, but does not include any information which is: (a) or becomes generally available to the public other than as a result of a breach of this clause; (b) known to either party prior to Bow Creative commencing the Services; (c) received from a third party who owes no obligation of confidence in respect of the information; or (d) developed by either party independently of the Services to which these Terms relate.
Dispute resolution
In the event of a dispute between the parties, the parties agree to attempt to settle the dispute by engaging in good faith with each other in a process of mediation before commencing arbitration or litigation.
Relationship with you
We are an independent contractor, not an employee. This engagement does not create a partnership relationship. Neither party has the authority to enter contracts on the other party’s behalf.
Relationship with others
You agree that we will not be prevented or restricted by virtue of our relationship with you under this Agreement from providing services to our other clients, some of whom may be in competition with you or have interests that conflict with your own.
Severability
If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.
Waiver
Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
Assignment
You may not transfer, charge or otherwise seek to deal with your rights or obligations under this Agreement without our prior written consent.
Entire agreement
This Agreement contains the entire agreement between you and Bow Creative relating to the Services. It replaces and supersedes any previous correspondence, understandings or other communications (written or oral).
Applicable law
The validity, construction and performance of these Terms shall be governed by the laws of the State of Victoria. The parties agree that any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Courts of that State.
COVID-19 Special Terms & ConditionsAdministrative surcharge relating to event postponement
Kindly note an administrative surcharge of 10% of the total balance will be applied, in the event of each postponement where there is more than one postponement. For the avoidance of doubt, the first postponement will not incur an administrative surcharge.
This administrative surcharge covers all efforts undertaken by the business owner in executing the services engaged in line with the postponement. This includes, but not limited to, activities such as additional follow-up correspondence due to COVID-19 impact on event schedule, revisions of mood boards, revisions to event plan, research and coordination for change of venues or vendors, etc.
Price changes following postponement of the Event into a third calendar year
Where the Event is required to be postponed to a third calendar year from the original event date, please note that a price change may occur at the discretion of the business owner. The business owner will endeavour to provide prior communication of a potential price change before issuing an invoice for the price change.
Feedback
We value and welcome your feedback, comments and suggestions. If you have any feedback, comments or suggestions, please contact us at hello@bowcreative.com.au.