Terms of service
Incept Corp Pty Ltd ABN: 20 668 782 901
1. About these terms
These terms and conditions govern the engagement of services provided by Incept Corp Pty Ltd (ABN: 20 668 782 901), trading as Incept, of 52a Russell Street, Oatley NSW 2223, Australia (the Agency), and any individual or business (the Client) that engages Incept for services.
By approving a proposal, signing an agreement, or instructing Incept to commence work, the Client agrees to these terms.
2. Services
Incept provides strategic design, brand, UX, product design, pitch deck, and applied neuroscience consultancy services as outlined in individual project proposals.
Each project is governed by the scope of work set out in the relevant proposal. Work outside that scope will be quoted separately before it is undertaken.
3. Proposals and project commencement
A proposal remains valid for 30 days from the date of issue. After that period, Incept reserves the right to revise scope, fees, and availability.
Project commencement is confirmed once:
The proposal has been approved in writing or by digital signature
The deposit invoice has been paid in full
Incept will not begin work until both conditions are met.
4. Fees and payment
Payment schedule Payment terms vary by project size and are set out in the relevant proposal. As a general guide:
Smaller engagements may require full payment upfront prior to commencement.
Larger engagements are typically structured as 50% upfront and 50% on delivery of final outputs.
The specific payment schedule for each project is confirmed in the project proposal.
Invoice terms Invoices are payable within 7 days of issue unless otherwise agreed in writing.
Late payment Incept reserves the right to pause work on any project where an invoice is overdue. A monthly service charge of 10% may be applied to balances outstanding beyond 14 days.
The Client is responsible for any reasonable collection, recovery, or legal costs arising from non-payment.
Final deliverable release Final deliverables, files, and handover materials will only be released once all outstanding invoices have been paid in full.
Currency and GST All fees are quoted in Australian dollars and exclude GST unless stated otherwise. GST will be added to all invoices where applicable.
5. Revisions
Each project includes two rounds of revisions within the agreed scope. A revision round is defined as a single consolidated set of feedback provided by the Client after receiving a draft or deliverable.
Revisions beyond two rounds, or revisions that fall outside the agreed scope, will be quoted and billed separately at Incept's standard hourly rate of $220+GST.
Incept is not responsible for delays caused by fragmented, late, or unclear feedback.
6. Client responsibilities
The Client agrees to:
Provide timely, consolidated, and clear feedback within agreed timeframes
Nominate one decision-maker with authority to approve work
Supply all required materials, content, assets, access, and information before work begins
Ensure all materials supplied are accurate, lawful, and free of third-party rights conflicts
Review all deliverables thoroughly before approving them
Delays caused by late or incomplete information from the Client may affect project timelines. Incept is not responsible for timeline delays arising from the Client's failure to provide required inputs on time.
7. Changes and variations
Changes requested by the Client that fall outside the agreed scope will be quoted separately and require written approval before work proceeds.
If a requested change materially alters the scope, direction, or effort of a project, Incept may issue a revised proposal before continuing.
8. Intellectual property
Client content All materials supplied by the Client remain the property of the Client. The Client grants Incept a non-exclusive licence to use supplied materials for the purpose of delivering the project.
Preliminary works All drafts, concepts, early directions, working files, and internal documents created during a project remain the property of Incept unless expressly agreed otherwise in writing.
Final deliverables Upon receipt of full payment, the Client receives the right to use the final deliverables for the purposes described in the project proposal.
Designer tools All frameworks, methodologies, templates, systems, and processes used by Incept to deliver work remain the property of Incept. The Client receives a licence to use these only to the extent they are embedded in the final deliverables.
9. Confidentiality
Both parties agree to keep confidential information received from the other party private and to use it only for the purpose of performing obligations under the relevant project agreement.
Confidential information does not include information that is publicly available, was already known to the receiving party, or is required to be disclosed by law.
10. Portfolio and promotion
Incept may reference the project name, general scope, and publicly visible outcomes in its portfolio, website, proposals, and promotional materials, unless the Client requests confidentiality in writing before the project commences.
11. Warranties and liability
Incept warrants that services will be delivered professionally and in line with reasonable industry standards.
Incept does not warrant that any project will produce specific commercial outcomes, including but not limited to revenue growth, conversion rate improvements, investment outcomes, or search rankings.
To the maximum extent permitted by law, Incept's total liability for any claim arising from a project is limited to the net fees received by Incept for that project.
Incept is not liable for indirect, consequential, incidental, or punitive damages of any kind.
12. Indemnity
The Client indemnifies Incept against any claims, costs, losses, or damages arising from:
Materials, content, or information supplied by the Client
Misuse of deliverables by the Client or third parties
Changes made to deliverables after handover by the Client or third parties
Breach of these terms by the Client
13. Termination
Either party may terminate a project engagement by providing written notice if the other party materially breaches the agreement and does not remedy the breach within 10 business days of receiving written notice.
If the Client terminates a project, Incept is entitled to payment for all work completed to the date of termination, any committed third-party costs, and any scheduled work that cannot reasonably be cancelled. The deposit is non-refundable.
14. No solicitation
During a project and for six months after its completion or termination, the Client agrees not to directly solicit, hire, or engage any employee, contractor, or supplier introduced by Incept without prior written consent.
15. Governing law
These terms are governed by the laws of New South Wales, Australia. Both parties agree to attempt to resolve disputes through direct negotiation before pursuing legal action.
16. Updates to these terms
Incept may update these terms from time to time. The current version is always available at incept.agency. Continued engagement with Incept after an update constitutes acceptance of the revised terms.
Contact
Incept Corp Pty Ltd 52a Russell Street, Oatley NSW 2223 clint@incept.agency incept.agency