These Terms & Conditions (“Terms”) govern orders, purchases and use of services provided by Cont.tech (“Cont.tech”, “we”, “us” or “our”) through our website, configurator, dashboard, quotations, invoices or other approved sales channels. By placing an order, making payment, accepting a quotation or otherwise instructing Cont.tech to begin work, the customer (“Client”, “you” or “your”) agrees to these Terms.

1. About Cont.tech and the Services

Cont.tech is a creative technology company providing digital first visual production for organisations that require visual content. Services may include static images, short form and longer form video, motion, animation, digital art, rendering, compositing, editing, retouching, product visuals, campaign creative, digital advertising assets, seasonal content and market adaptations.

Cont.tech is method flexible. The production method used for a project may include creative technology, generative tools, rendering, digital art, 2D or 3D methods, editing, animation, compositing, retouching, specialist production and other suitable production techniques. The creative idea and approved direction determine the production method.

Unless expressly agreed in writing, our services do not include social media management, media buying, influencer management, full service marketing management, physical photography shoots or services outside the agreed production scope.

2. Ways to Work With Cont.tech

2.1 Flexible One-Off Production

Clients may purchase flexible one off production subject to the minimum quantities and current prices displayed on the website, configurator, quotation or invoice. Current standard ordering rules include a minimum of five (5) static images per image order and a minimum of one (1) video per video order.

2.2 Pre-Built One-Off Packages

Pre-built packages contain the outputs, quantities, themes and indicative delivery periods stated at the time of purchase. Package inclusions apply only to the package purchased and may not be exchanged for cash.

2.3 Cont.tech Continuous

Cont.tech Continuous is an ongoing production relationship with production capacity allocated according to the selected plan. Unless a different written agreement is provided, Continuous plans have a minimum commitment of three (3) months and are paid monthly in advance.

2.4 Enterprise

Enterprise engagements may be subject to a separate proposal, statement of work, purchase order, service agreement or contract. Where a separately signed written agreement conflicts with these Terms, the separately signed agreement will govern that engagement to the extent of the conflict.

3. Orders, Quotations and Acceptance

An order is accepted when Cont.tech confirms the order, accepts payment, confirms a quotation, or otherwise confirms in writing that production will proceed. Website availability, displayed prices or preliminary discussions do not by themselves require Cont.tech to accept an order.

Cont.tech may decline, pause or cancel an order before production where the scope is unsuitable, information is incomplete, payment has failed, the requested content is prohibited or cannot reasonably be produced under the selected service.

Quotations are based on the information available when issued. Material changes to quantity, duration, format, complexity, creative direction, usage requirements, delivery requirements or scope may require a revised quotation.

4. Prices and Payment

Prices are shown in the currency stated at checkout or on the applicable quotation or invoice. Payment is due according to the checkout, quotation, invoice or written agreement. Unless expressly stated otherwise, production does not begin until the required payment has been received.

Any bank, card, payment gateway, currency conversion or similar charges imposed directly on the Client by a third party are the Client’s responsibility.

Promotional codes, discounts or special pricing apply only according to their stated conditions and may not be combined unless Cont.tech expressly agrees.

5. Client Brief, Materials and Responsibilities

The Client is responsible for providing accurate, complete and timely information required for production, including product information, brand assets, product photographs, logos, copy, references, preferences, specifications and any required approvals.

Where product imagery is required, the Client must provide files that meet the submission requirements communicated by Cont.tech. Poor quality, incomplete or unsuitable source material may affect output quality or timing.

By supplying any photograph, logo, font, copy, music, video, reference, trademark, design or other material, the Client confirms that it owns the material or has all permissions and rights necessary for Cont.tech to use it for the project.

The Client remains responsible for the accuracy of factual claims, prices, product information, spelling, regulated statements and other Client provided content. The Client must review these elements before final approval.

6. Creative Direction and Approval

Where applicable, Cont.tech may provide moodboards, concepts, references or creative directions for review before full production. The number of directions provided will be the number stated in the relevant service, package, quotation or agreement.

Client approval of a moodboard, concept or creative direction authorises Cont.tech to proceed on that basis. After approval and production commencement, a request to replace the approved concept with a materially different direction is not treated as an ordinary revision and may require additional scope, cost and time.

References supplied by the Client communicate preference and direction. Unless expressly agreed, they are not a promise of an exact replica. Final creative outputs may vary because of production method, source material, format, creative judgment and technical limitations.

7. Revisions and Changes

Unless otherwise stated for a particular service, one (1) consolidated revision round is included for each applicable deliverable/request or project scope. For one-off packages, the included revision structure stated at purchase applies.

A revision means a reasonable adjustment within the approved creative direction. A new concept, substantially different visual direction, new brief, new product, major structural change, additional deliverable, extended video duration or other material scope change may be quoted separately.

Revision requests should be provided clearly and, where applicable, consolidated into one set of feedback. Additional revision rounds or changes outside the original scope may incur additional charges and extend delivery.

8. Timelines and Client Delays

Any delivery period shown on the website, package, quotation or communication is an estimated production period unless expressly stated as a guaranteed deadline in a separate written agreement.

Indicative production timing begins only after Cont.tech has received the required payment, complete brief, usable materials and necessary approvals. Time spent waiting for Client information, feedback or approval does not count as Cont.tech production time.

Client delays may move the delivery date and may affect production scheduling. Cont.tech is not responsible for delays caused by incomplete materials, late approvals, changed scope, third-party platform disruption or circumstances reasonably outside our control.

9. Delivery

Final deliverables are supplied digitally in the formats and specifications stated in the order, package, quotation or agreement. Standard delivery does not automatically include editable working files, project files, prompts, layered files, production files, source files or internal production materials.

The Client should review delivered work promptly and notify Cont.tech of any issue relating to the agreed scope. Silence after delivery does not create an unlimited revision period.

10. Cancellation, Refunds and Production Credit

Because Cont.tech provides customised digital creative production and may allocate production resources immediately after an order is confirmed, cancellation and refund eligibility depends on the stage reached when the request is made.

·        Where Cont.tech expressly confirms a refund or cancellation entitlement for a specific order, that confirmation will govern the amount and method of refund.

·        Once a creative direction has been approved and/or production has materially commenced, amounts attributable to work already performed, committed production capacity or incurred costs may not be refundable.

·        Completed and delivered work is non-refundable except where Cont.tech expressly agrees otherwise in writing.

·        A Client’s change of preference after approval is treated under the revision/scope-change provisions rather than automatically as grounds for a refund.

Where Cont.tech records an amount as production credit or available production rather than issuing a refund, that amount is not cash, is not withdrawable and may only be used for eligible Cont.tech production during the stated validity period.

Any order specific cancellation or refund terms shown at checkout, in a quotation or in a separate written agreement form part of the order and apply together with these Terms.

11. Cont.tech Continuous — Additional Terms

Unless otherwise agreed in writing, Cont.tech Continuous operates on the following basis:

·        Minimum commitment: three (3) months.

·        Payment: monthly in advance. Full prepayment may be accepted but does not create an automatic discount.

·        Capacity: each plan includes a stated monthly production capacity. Different deliverable types consume capacity according to the capacity values communicated for the plan.

·        Choice of production: the Client may use available capacity across eligible deliverables within the plan rather than being limited to a fixed content mix, subject to technical feasibility.

·        Creative directions: multiple themes or creative directions may be requested within available capacity.

·        Revisions: each eligible deliverable/request includes the revision allowance stated for the plan.

·        Monthly requests: requests may be submitted throughout the relevant month, subject to available capacity and production scheduling.

·        Unused monthly capacity normally expires at the end of the relevant month and does not roll forward.

·        Final month pause: where Cont.tech has expressly permitted the final/third month of the initial commitment to be paused, payment remains due. Eligible paid paused capacity remains available for production for up to twelve (12) months from the original payment date. It is non-refundable and cannot be converted to cash.

Capacity represents production availability, not money held on account. Cont.tech may reasonably schedule requests to maintain production quality and capacity across active Clients.

12. Intellectual Property and Usage

Upon full payment, the Client may use the final approved deliverables supplied for its business and marketing purposes, subject to any third-party rights or usage restrictions communicated for the project.

Unless expressly transferred in a separate written agreement, Cont.tech retains ownership of its underlying systems, workflows, methods, know-how, templates, internal processes, prompts, production techniques, working files, unused concepts, rejected directions and other pre-existing or internal materials.

No rights are granted in concepts or materials that were not selected and delivered as final approved work.

Third-party assets, fonts, music, software generated components or other licensed materials may remain subject to their applicable licence terms. Cont.tech does not transfer rights that it does not own.

The Client may not represent Cont.tech’s internal production systems, working methods, templates or proprietary production materials as its own.

13. Portfolio and Publicity

Unless confidentiality has been agreed or the Client has instructed Cont.tech in writing not to do so before publication, Cont.tech may request to feature completed public-facing work in its portfolio, website, social channels, presentations or case studies. Where Client approval is required, Cont.tech will not publish until approval is received.

Confidential, unreleased, embargoed or enterprise materials will not be intentionally published before they are public or without any approval expressly required by the applicable agreement.

14. Confidentiality

Each party should treat non-public business, campaign, product and commercial information received from the other party as confidential and use it only as reasonably necessary for the engagement.

Cont.tech may share necessary project information with team members, specialist production partners, subcontractors and technology/service providers who require access to perform the work, subject to appropriate operational confidentiality.

15. Specialists, Subcontractors and Production Technology

The Client authorises Cont.tech to use employees, independent specialists, production partners, subcontractors, software platforms, digital production tools and technology providers as reasonably required to deliver the service.

Cont.tech remains responsible for managing the agreed Client relationship and quality control process. The Client is purchasing the agreed output and production service, not a particular internal production method or named individual unless expressly stated otherwise.

16. Prohibited or Unsuitable Requests

Cont.tech may refuse or stop work involving unlawful content, infringement, deception, harmful misuse, content that violates applicable platform/provider restrictions, or material that Cont.tech reasonably considers inappropriate or outside its service capability.

The Client must not use Cont.tech services or deliverables in a manner that unlawfully infringes another party’s rights or falsely suggests an endorsement, identity or permission that does not exist.

17. Quality, Technical Variation and No Performance Guarantee

Cont.tech will use reasonable professional care in producing the agreed deliverables. Creative production involves judgment and technical variation, and exact replication of references, physical products, people, environments, lighting or other visual details cannot be guaranteed unless specifically agreed.

The Client is responsible for final review before publication, printing, advertising spend, media placement or commercial use.

Cont.tech does not guarantee any particular level of sales, engagement, reach, conversion, advertising performance or other business result from a visual deliverable.

18. Limitation of Responsibility

Cont.tech is not responsible for losses caused by inaccurate Client instructions, unauthorised Client-supplied materials, Client modifications after delivery, third-party platform decisions, advertising/media performance, or use of deliverables outside the agreed purpose.

To the extent permitted by the applicable written agreement, Cont.tech’s responsibility in connection with a specific order will not exceed the amount actually paid to Cont.tech for the affected order or service, except where the parties expressly agree otherwise in writing.

Neither party will be responsible to the other for indirect or consequential losses arising from an order where such exclusion is permitted by the applicable agreement.

19. Service Availability and Events Outside Control

Cont.tech may occasionally experience delays or interruptions caused by technology providers, payment services, hosting, production platforms, supplier availability, network failures, emergencies or other circumstances outside reasonable control. Where material, Cont.tech will make reasonable efforts to communicate the impact and continue or reschedule production.

20. Accounts, Website and Communications

Clients are responsible for maintaining the confidentiality of their account credentials and for information submitted through their account. Cont.tech may rely on instructions submitted through the Client’s registered account, email, approved messaging channel or authorised representative.

Electronic communications, approvals and confirmations may be used as part of the commercial record between Cont.tech and the Client.

Cont.tech may update website functionality, service descriptions and future pricing. Changes do not retrospectively alter a confirmed paid order unless the Client agrees.

21. Privacy and Payment Information

Personal and business information submitted to Cont.tech may be used to administer enquiries, accounts, orders, production, delivery, customer support and relevant communications. A separate Privacy Policy may provide further detail regarding data handling.

Payments may be processed by third-party payment providers. Cont.tech does not necessarily receive or store full payment card details handled directly by those providers. Their own terms and privacy practices may also apply.

22. Suspension and Termination

Cont.tech may suspend or terminate an engagement where required payment is overdue, the Client materially breaches the agreed scope or these Terms, required information is repeatedly withheld, the Client requests prohibited work, or continued performance becomes reasonably impracticable.

Termination does not remove payment obligations for work already completed, production already committed, or other amounts properly due under the order or agreement.

23. Separate Written Agreements and Order of Precedence

A quotation, proposal, statement of work, invoice, purchase order accepted by Cont.tech, service agreement or other written document may contain additional terms for a specific engagement.

If there is a direct conflict, a separately signed written agreement takes precedence over these website Terms for that engagement. Otherwise, these Terms continue to apply.

24. Changes to These Terms

Cont.tech may update these Terms from time to time. The version effective when an order is confirmed will normally govern that order unless the parties agree otherwise. Updated Terms will apply to future orders from their stated effective date.

25. Entire Commercial Understanding

These Terms, together with the applicable order details, checkout information, quotation, invoice and any separately agreed written terms, form the commercial understanding for the relevant service and replace informal statements that directly conflict with those documents.

26. Contact

Questions about an order or these Terms should be directed to Cont.tech through the contact details published on the Cont.tech website or the communication channel used for the relevant order.