Terms & Conditions

Last updated: 6 August 2026

1. About these Terms

These Terms & Conditions apply to the website and services operated by:

Marina Antares Carrasco Poyatos trading as Hain Creative Marketing Solutions, also referred to as HCM Solutions, HCM, we, us or our.

ABN: 87 830 965 499
Location: Pittsworth, Queensland, Australia

In these Terms, Client, you or your means the person or business using the website, requesting a quote or engaging HCM to provide services.

These Terms should be read together with:

any written quote, proposal or service agreement provided by HCM;
any written variation agreed between HCM and the Client;
HCM’s Privacy Policy; and
any additional conditions clearly stated for a particular service.

2. Acceptance of these Terms

By accessing or using the HCM website, you agree to the sections of these Terms relating to website use.

A contract for services is formed when HCM provides a written quote or proposal and the Client does one or more of the following:

accepts the quote or proposal in writing;
pays a requested deposit or other amount;
instructs HCM to begin work; or
otherwise clearly confirms acceptance of the proposed services.

An enquiry alone does not require either party to proceed with a project.

If you accept a quote on behalf of a business or another person, you confirm that you have authority to bind that business or person.

3. Order of Priority

If there is an inconsistency between these Terms and another project document, the following order will generally apply:

a written variation agreed by HCM and the Client;
the accepted quote, proposal or service agreement;
these Terms & Conditions; and
general information published on the website.

A specific written agreement for a project takes priority over general website information.

4. Website Information

HCM takes reasonable care when preparing website information. However:

website content is provided for general information;
service descriptions may be summarised;
examples do not guarantee that every project will have the same scope, process, style or outcome;
starting prices are not fixed prices for every project; and
availability, services and pricing may change.

A final scope, price and timeframe will be confirmed in writing before work begins.

HCM may correct errors or update website information without notice. Changes to website information will not alter an already accepted quote unless both parties agree.

5. Permitted Website Use

You may use the website for lawful personal or business purposes, including reviewing HCM’s services, viewing portfolio examples and submitting genuine enquiries.

You must not:

interfere with the operation or security of the website;
attempt to gain unauthorised access to the website or its systems;
introduce malicious code, viruses or harmful technology;
scrape, copy or reproduce substantial parts of the website without permission;
submit false, deceptive or abusive enquiries;
impersonate another person or business; or
use website content in a way that infringes HCM’s or another person’s rights.

6. Services

HCM provides project-based and ongoing marketing, graphic design and digital support.

Depending on the accepted quote, services may include:

flyers, posters and promotional artwork;
brochures, menus, price lists and business documents;
social media graphics and content packs;
editable Canva templates;
campaign messaging and materials;
email campaign creative;
paid-media creative;
short video editing using client-supplied materials;
Google Business Profile wording;
online-presence reviews;
message and customer-journey reviews; and
other services expressly agreed in writing.

The exact services, inclusions and deliverables are limited to those stated in the accepted quote.

7. Services Not Included

Unless expressly included in an accepted written quote, HCM does not provide:

printing or physical products;
freight or delivery of printed materials;
original photography or filming;
website construction or website editing;
website hosting or maintenance;
technical SEO implementation;
ongoing management of websites or online platforms;
social media account management or publishing;
advertising-account management;
ongoing advertising optimisation;
media or advertising spend;
legal, financial, accounting or regulatory advice; or
services not specifically listed in the agreed scope.

HCM may prepare digital files or content for use by the Client, a printer, a website provider, an advertising platform or another supplier. The Client is responsible for arranging any third-party production, publication or implementation unless the quote states otherwise.

8. Quotes and Pricing

All prices are stated in Australian dollars.

Prices displayed on the website are starting prices only. Final pricing may depend on:

the project scope;
the amount and condition of material supplied;
complexity;
required file formats and sizes;
the number of concepts or deliverables;
revision requirements;
turnaround time;
licensing costs;
third-party expenses; and
other project-specific requirements.

HCM will provide a written quote before beginning chargeable work.

A quote remains available for the acceptance period stated in it. HCM may withdraw or revise a quote that has not yet been accepted.

GST will be identified separately where it applies.

9. Payment

The Client must pay all deposits, instalments and invoices by the due dates stated in the quote or invoice.

HCM may require:

a deposit before reserving time or beginning work;
progress payments for larger or ongoing projects; and
final payment before releasing completed high-resolution, editable or production-ready files.

A deposit will be applied toward the total project price.

HCM may pause work or withhold undelivered final files if an amount is overdue, after giving the Client reasonable notice.

Pausing work because of overdue payment may affect the original delivery timeframe and availability.

The Client remains responsible for payment for work properly completed in accordance with the accepted scope.

10. Client Responsibilities

The Client must provide, within a reasonable time:

a clear and complete project brief;
required wording and information;
logos and brand guidelines;
photographs, footage and other assets;
correct contact, pricing and business information;
required file specifications;
timely feedback and approvals; and
anything else reasonably needed to complete the project.

The Client is responsible for ensuring that information supplied to HCM is accurate, current and lawful.

HCM may rely on information provided by the Client and is not responsible for independently verifying:

prices;
dates;
contact details;
product or service claims;
legal disclaimers;
competition conditions;
industry compliance requirements; or
other factual statements supplied or approved by the Client.

The Client should obtain appropriate professional advice where advertising, wording or promotional material is subject to legal, regulatory or industry-specific requirements.

11. Client-Supplied Materials

The Client confirms that they own, license or otherwise have permission to use and provide all materials supplied to HCM.

This includes:

photographs;
videos;
music;
logos;
fonts;
illustrations;
written content;
customer information;
testimonials;
trade marks; and
other intellectual property.

The Client must not ask HCM to use material that unlawfully infringes another person’s copyright, trade mark, privacy, confidentiality or other rights.

The Client is responsible for claims arising from materials or instructions supplied by the Client, except to the extent that the claim was caused by HCM’s own breach, negligence or unlawful conduct.

12. Project Timing

Project dates and delivery timeframes are estimates unless HCM expressly agrees in writing that a date is fixed.

A project timeframe normally begins when HCM has received:

acceptance of the quote;
any required deposit;
the complete project brief;
all required content and assets; and
any other information needed to begin.

A delay by the Client in supplying material, feedback, payment or approval may extend the delivery timeframe.

HCM will communicate significant known delays and provide an updated estimate where reasonably possible.

Urgent or priority work is subject to availability and may involve an additional fee agreed before the work begins.

13. Drafts and Revisions

Drafts are provided for review and are not final deliverables.

The number of concepts, drafts and revision rounds included in a project will be stated in the accepted quote.

A revision generally means a reasonable amendment to an existing draft within the agreed scope. It does not normally include:

a substantially different concept;
a change in strategy or direction;
replacement of major supplied content;
additional pages, sizes or deliverables;
work requested after final approval; or
correcting inaccurate information originally supplied or approved by the Client.

HCM will advise the Client before carrying out work that is outside the agreed scope. Additional work will not proceed until the additional cost or revised quote has been accepted.

Unused revision rounds do not have a cash value and cannot ordinarily be transferred to another project.

14. Feedback and Communication

The Client should provide feedback:

clearly;
in one consolidated response where practical;
through the agreed communication channel; and
within any review period stated in the project correspondence.

Where more than one person is involved on the Client’s side, the Client should nominate one authorised contact to provide instructions and approvals.

HCM may rely on instructions and approvals received from the nominated contact.

Conflicting or fragmented feedback may require clarification, additional work or a revised timeframe.

15. Approval and Proofreading

The Client is responsible for carefully reviewing drafts before approval.

Review should include:

spelling and grammar;
names and contact details;
prices and dates;
dimensions and specifications;
links and calls to action;
product and service information;
photographs and visual content;
legal or mandatory wording; and
overall accuracy.

Approval may be given by email, message or another agreed written method.

Once the Client approves a draft, HCM may prepare and issue the final files. Changes requested after approval may be treated as additional work.

If HCM introduces an error into the delivered final file that was not present in the approved draft, HCM will correct that error without an additional design fee.

Nothing in this section removes any right or remedy that cannot lawfully be excluded.

16. Digital Delivery

HCM is a digital service. Final deliverables will be supplied electronically in the formats agreed in the quote.

Unless expressly included, delivery does not include:

printed products;
editable source files;
working files;
raw project files;
unused concepts;
software files;
font files; or
third-party licensed assets in their original form.

Editable Canva templates will be provided where they are expressly included in the service.

The Client is responsible for downloading, checking and securely storing delivered files.

HCM may retain project files for recordkeeping and practical business purposes but does not guarantee indefinite storage or replacement of files after delivery.

17. Printing, Displays and Technical Variations

HCM does not provide printing.

Colours, scale, cropping, image quality and appearance may vary between:

screens;
devices;
software;
social media platforms;
printers;
papers;
inks; and
production methods.

The Client should provide any third-party technical specifications before final artwork is prepared and should obtain a proof from the chosen printer or supplier where appropriate.

HCM is not responsible for the performance or output of an independent printer, publisher, platform or supplier.

Where HCM has failed to prepare a file according to specifications that were clearly supplied and accepted as part of the project, HCM will take reasonable steps to correct the affected file.

18. Intellectual Property

Copyright protects original written, visual, film and other creative material, and ownership or permission determines who may reproduce and use it.

Client materials

The Client retains ownership of intellectual property that the Client owned before the project.

The Client grants HCM permission to use those materials only as reasonably required to provide the agreed services.

HCM materials

HCM retains ownership of:

pre-existing templates;
processes and systems;
methods and know-how;
design tools;
working files;
unused concepts;
draft materials;
reusable elements;
internal documents; and
intellectual property created independently of the Client’s specific final deliverables.

Final deliverables

Unless the accepted quote expressly provides for a copyright assignment, HCM retains copyright in the work it creates.

After full payment, HCM grants the Client a perpetual, worldwide licence to use, reproduce, publish, display and distribute the approved final deliverables for the Client’s own business and promotional purposes.

The Client may provide the final deliverables to printers, publishers, employees and contractors acting for the Client.

The Client must not, without HCM’s written permission:

resell the design itself as a template or standalone product;
claim ownership of HCM’s underlying systems, templates or tools;
distribute editable source materials that were not included in the project; or
use an unused or rejected concept.

A different ownership arrangement, including assignment of copyright, may be agreed in writing for a particular project.

19. Third-Party Assets and Licences

Deliverables may contain properly licensed third-party materials such as:

stock photographs;
illustrations;
fonts;
icons;
music;
video;
Canva elements; or
other licensed content.

Those materials remain subject to the relevant third-party licence conditions.

HCM cannot transfer rights that a third-party licence does not permit HCM to transfer.

Where the Client needs an editable file, ongoing access or broader use of a third-party asset, the Client may need to purchase or maintain their own licence or subscription.

HCM will identify material licence requirements where they are relevant to the Client’s intended use and reasonably known to HCM.

20. Confidentiality and Portfolio Use

Each party should treat confidential business information received from the other party responsibly and use it only for the project or another authorised purpose.

HCM will not knowingly publish confidential, commercially sensitive or unreleased Client material without permission.

HCM may ask the Client for permission to display completed work in:

the HCM portfolio;
social media;
marketing materials;
proposals; or
professional presentations.

Client work will not be publicly identified or displayed as commissioned work without the Client’s permission, unless the work is already public and HCM is otherwise legally entitled to refer to it.

Portfolio permission does not allow HCM to disclose confidential information.

21. Marketing and Commercial Outcomes

HCM provides professional creative, marketing and communication services but cannot guarantee a particular commercial result.

HCM does not guarantee:

sales;
enquiries or leads;
advertising return;
audience reach;
social media engagement;
search rankings;
platform approval;
campaign performance;
customer behaviour; or
business growth.

Results may depend on factors outside HCM’s control, including:

the Client’s offer and pricing;
market conditions;
media spend;
audience behaviour;
platform algorithms;
competitors;
implementation;
timing; and
third-party decisions.

HCM remains responsible for providing the agreed service with the level of care required by law.

22. Changes to Scope

The agreed scope may be changed only with the agreement of both parties.

Where the Client requests additional or different work, HCM may provide:

an additional quote;
a revised quote;
an hourly estimate; or
a written variation to the existing agreement.

HCM will not charge for additional work that has not been authorised, except where the Client has previously agreed to an applicable hourly or recurring arrangement.

A scope change may affect the price and delivery timeframe.

23. Client Cancellation

The Client may cancel a project by giving HCM written notice.

On cancellation, the Client must pay for:

work properly completed up to the cancellation date;
authorised work already in progress;
non-refundable third-party expenses properly incurred for the project; and
deliverables already supplied.

Any deposit or prepaid amount will be applied against those amounts.

If the prepaid amount is greater than the amount properly payable, HCM will refund the remaining balance.

If the amount properly payable is greater than the prepaid amount, HCM may issue an invoice for the difference.

Cancellation does not entitle the Client to use unpaid drafts, concepts or deliverables.

This section does not limit any right to cancel or obtain a remedy under the Australian Consumer Law.

24. Delayed or Inactive Projects

If a project becomes inactive because the Client does not provide required information, feedback, approval or payment, HCM may:

place the project on hold;
revise the estimated delivery date;
reschedule the project according to current availability; or
close the project after giving reasonable written notice.

If an inactive project is restarted, HCM may review the scope, price and timeframe where circumstances, costs or requirements have materially changed.

The Client will be informed before any additional restart or rescheduling charge is applied.

25. Suspension or Ending Services

HCM may suspend or end a project after giving reasonable notice where:

an invoice remains overdue;
the Client repeatedly fails to provide required information or approvals;
the Client requests unlawful, misleading or infringing material;
the Client behaves in a threatening, abusive or seriously inappropriate manner;
continuing the project would expose HCM to legal, ethical or security risk; or
another serious breach of the agreement is not corrected after notice.

Where immediate action is reasonably necessary to prevent harm, unlawful conduct or a security risk, HCM may suspend work immediately and explain the reason as soon as reasonably practical.

If HCM ends a project, the Client will be charged only for work properly completed and authorised expenses incurred up to that point. Any unused prepaid balance will be refunded.

26. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010, the Australian Consumer Law or another applicable law.

Where the Australian Consumer Law applies, services may come with guarantees that they will be:

provided with due care and skill;
fit for a purpose made known to HCM; and
provided within a reasonable time where no time has been agreed.

If a service does not comply with a consumer guarantee, the Client may be entitled to a remedy provided by law.

Any limitation in these Terms applies only to the maximum extent permitted by law.

27. Liability

To the extent permitted by law, HCM is not responsible for loss caused by:

inaccurate, incomplete or unlawful Client-supplied material;
use of a draft or unapproved file;
changes made by the Client or another supplier after delivery;
failure to follow instructions or specifications;
third-party printing, publishing or implementation;
platform outages, policy changes, account restrictions or algorithm changes;
loss of access to a third-party account;
unauthorised use of the Client’s systems or accounts not caused by HCM;
events beyond HCM’s reasonable control; or
use of a deliverable for a materially different purpose from the one agreed.

To the extent permitted by law, HCM will not be liable for indirect or consequential loss that was not reasonably foreseeable when the contract was formed.

Where liability cannot lawfully be excluded but may be limited, HCM’s liability will be limited, at HCM’s option and where permitted by law, to:

supplying the affected service again; or
paying the reasonable cost of having the affected service supplied again.

These limitations do not apply where prohibited by law or to the extent that loss was caused by HCM’s fraud, wilful misconduct, serious negligence or breach of a non-excludable legal obligation.

28. Third-Party Services and Platforms

HCM may prepare content or files for third-party services such as Canva, Google, Meta, email platforms, social media platforms, website systems or printers.

Third-party services operate under their own:

terms;
licences;
privacy policies;
technical requirements;
availability;
subscription arrangements; and
content or advertising rules.

HCM does not control those services and cannot guarantee their continued availability, approval or functionality.

The Client is responsible for maintaining any account, subscription, permission or licence required for the Client’s continued use of a third-party platform.

29. Events Outside Reasonable Control

Neither party will be responsible for delay caused by an event outside its reasonable control, including:

serious illness or emergency;
natural disaster;
fire or flood;
widespread internet, electricity or telecommunications failure;
cyberattack;
government restriction;
industrial disruption; or
major failure of an essential third-party service.

The affected party should notify the other party as soon as reasonably possible.

Both parties should take reasonable steps to reduce the effect of the delay and agree on a revised timeframe where practical.

This section does not remove any payment obligation for work already properly completed.

30. Privacy and Cookies

HCM handles personal information in accordance with its Privacy Policy.

The website may use cookies, pixels and similar technologies for website operation, analytics and advertising measurement.

Visitors can manage non-essential cookie choices through the cookie-consent controls available on the website.

31. Complaints and Disputes

If a concern arises, the Client should contact HCM and provide:

a clear description of the issue;
relevant project details;
the outcome being requested; and
supporting information where applicable.

HCM and the Client will first attempt to resolve the issue through direct, good-faith communication.

Before starting court proceedings, each party should allow the other a reasonable opportunity to review and respond to the issue, except where urgent legal action is reasonably necessary.

Nothing in this section prevents either party from exercising a legal right, contacting a regulator or seeking independent legal advice.

32. Changes to these Terms

HCM may update these Terms to reflect changes in:

services;
business practices;
technology;
legal requirements; or
website operation.

The current version will be published on this page with its latest revision date.

Updated Terms apply to future website use and future service agreements.

The version in effect when a project is accepted will continue to apply to that project unless HCM and the Client agree to a change in writing.

33. Severability

If a provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed only to the extent necessary.

The remaining provisions will continue to apply.

34. No Waiver

If either party does not immediately enforce a right under these Terms, that does not mean the right has been waived.

A waiver is effective only where it is clearly given.

35. Governing Law

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.

36. Contact HCM

Questions about these Terms may be directed to:

Hain Creative Marketing Solutions
Legal entity: Marina Antares Carrasco Poyatos
ABN: 87 830 965 499
Email: haincreativemarketing@gmail.com
Phone: 0439 328 051
Location: Pittsworth, Queensland, Australia
Website: haincreativemarketing.com.au