Terms of service.

“Creatalytics™” (owned and operated by Creatalytics Pty Ltd (ABN: 57 683 169 002) shall perform services for Advertiser or, if applicable, Agency on behalf of Advertiser, or Media Owner on behalf of Advertiser (collectively “Customer”) pursuant to the scope provided for the Creatalytics™ project and the Standard Terms and Conditions (“T&C’s”) featured within Agreement, Term and Confidentiality.  

 

I. CREATALYTICS TM SERVICES  

This agreement, in conjunction with the corresponding Scope, shall constitute Advertiser’s, its clients’ and agents’ (herein collectively referred to as “Customer”) understanding of the services to be provided. 

II. COST 

All costs quoted in the Scope are fixed and relate to intellectual property, time, and platform access to Creatalytics™. Pricing is based on three deliverables: Onboarding, Asset processing, Output Processing and Dashboard delivery.  Once a dashboard is delivered the project is complete.  

III. PAYMENT AND SCOPE CHANGES 

  1. All payments will be made in advance unless agreed upon otherwise. Creatalytics™ is under no obligation to commence or deliver agreed upon services until payment is received. The services provided will only be delivered in full once payment is received. Creatalytics™ retains the right to suspend all services immediately upon non-payment of their invoice. 

  2. After signing the scope, any modifications to the scope must be agreed to in writing and will require a revised estimate and or additional charges to be agreed.  

  3. All payments must be made in Australian funds, unless otherwise agreed upfront. Only Invoices emailed directly to Customers and Agencies are to be construed as representative of billable amounts. 

  4. Once creative assets have been supplied the service has commenced and cannot be terminated. Payment is expected in full. 

IV. INTELLECTUAL PROPERTY (IP) RIGHTS 

The Customer shall not acquire any right, title, or interest in the intellectual property, including but not limited to any software, methodologies, data, or other proprietary information of Creatalytics™.  

12 months from the completion of the project all access rights to the product and materials will be removed unless otherwise agreed in writing. 

V. LIMITATION OF LIABILITIES 

Creatalytics™ shall not have any liability to the Customer for lost profits or other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability), even if advised of the possibility of such damages. In any event Creatalytics™ shall not have any liability to the advertiser for lost profits or other consequential, special, indirect or incidental damages, based upon a claim of any type or nature (including, but not limited to, contract, tort, including negligence, warranty or strict liability), even if advised of the possibility of such damages. Except as expressly set forth herein, Creatalytics™ makes no other warranty to Customer and disclaims all warranties of merchantability or fitness for a particular purpose. 

In no event shall Creatalytics™' liability exceed the total fees paid by the Customer in the 12 months preceding the claim. 

 

VI. FORCE MAJEURE 

Creatalytics™ is not liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow- down, or any condition beyond Creatalytics™ control affecting production or delivery in any manner. 

VII. CONFIDENTIALITY 

This document contains proprietary information belonging to Creatalytics Pty Ltd and is disclosed solely for the purpose of the current Creatalytics™ fee proposal. All contents are subject existing confidentiality terms in our signed scope of work. Unauthorized use, disclosure, or copying of this document or any part thereof is strictly prohibited and may be unlawful.