Terms Of Service
Below is Port Macquarie Web Designs standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Port Macquarie Web Designs & Childcare Web Design Australia, you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.
The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Port Macquarie Web Designs & Childcare Web Design Australia its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.
General Conditions of Contract
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
2. These Terms and Conditions are subject to change without notification by the Company.
3. These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Original Visual Brief, Variations and Guarantee
4. The Company and the Client will attend an initial consultation at no charge to the Client. This can be held via phone or in person. A (Visual Brief) will be constructed through the collection of logos and designs. This will assist in the evaluation and formulation of the Client’s business design requirements.
5. If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s detailed in clause (11); the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing.
6. The Company does not offer a set number of revisions to logo Artwork under the original Visual Brief.
7. The Company will not charge for additional revisions of logo Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).
8. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $120 per hour, billed in 15 minute increments. All prices exclude GST. Additional expenses will be charged accordingly.
9. Quotations are generated by the Company on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.
10. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
11. The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
12. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.
13. The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.
14. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy – begins clause (19)
15. The Company reserves the right to invoice for work completed if the project exceeds 60 days.
16. The Client reserves the right to request a payment plan which may be accepted by the Company at its discretion. All payment plans must be agreed to both parties in writing.
17. All prices quoted on the Company’s web site and advertising material include delivery and exclude GST.
18. All payments are to be made within 30 days of invoicing.
19. The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
20. The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Cancellation and Variation Policy
21. The Company reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested – refer clause (5).
22. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
a) If the determined monies payable is less than the deposit paid, a refund will be issued by the Company to the Client for the difference.
23. The Company will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by the Company to recover all monies owed.
Approving Proofs/ Designs/Printing
24. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
a) The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.
Limitation of liability
25. The Client agrees and accepts that The Company is not legally responsible for any loss or damage suffered or incurred related to use of any of The Companies services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we be offered by The Company. This includes the Clients use or reliance on any third party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials The Company produces, amends or designs is entirely at your own risk, for which we shall not be liable.
26. It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.
27. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Submission of Client artwork
28. Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.
29. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.
30. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
31. Ownership of copyright over all concepts and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
32. For more information visit http://www.copyright.org.au/information
33. Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. Upon full payment of account, copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
34. The Company does not take any responsibility for Trade marking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.
35. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment.
36. All time quotations are an estimate and are based on calendar working (business) days. No quoted printing, Artwork and delivery dates are guaranteed and can vary.
37. With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
38. The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
Web Site Design
39. The Client agrees to allow the Company to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.
40. The Client also agrees to allow the Company to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes., unless agreed to by both parties in writing beforehand.
Web Site Design Post-Completion Alterations
41. Upon completion of web site build, the Company will provide the Client with opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
42. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
43.The Company can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.
SEO Search Engine Optimisation & Search Engine Listings
44. The Company builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.
45. The Company cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.
46. If the Client is dissatisfied with web site listings, the Client can complete steps out lined in our “helping yourself” worksheet. Client can then contact the Company to arrange an evaluation of web site.
47. Relating to clause (25), the Company take no responsibility for duplicate content found on the Clients website or if the website is search engine black listed due to the written content or images of their site.
48. The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.
49. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures
50. The Company does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures
51. The Company holds no responsibility if your email addresses are targeted with spam as it is outside of our control. The Company holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.
52. The Company build and design websites to the best of their knowledge at the time of completion. The Company cannot take responsibility if the Client’s site is “hacked” or maliciously attacked in form. The company will not be held responsible and is not liable for any loss of income to arrise from the clients website “going down”, being hacked or otherwise. The Company does not provide software updates or take responsibility if the software used becomes out of date and obsolete. The Company does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.
53. To extent permitted by law, the Company, its directors and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.
CMS Content Management Systems
54. CMS Content Management Systems websites are delivered in an agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party to The Company are the responsibility of the site owner.
55. Web sites are built using the latest software available at the time. All website terms and conditions also apply to CMS.
56. The Company does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of The Company.
57. The Company does not hold any responsibility for misuse of the CMS or website.
58. The Company does not back up web site content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their web site.
59. The Company shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Website Hosting and Domain Registration
60. Client acknowledges that registration of Domain Names is subject to availability, and rules, regulations and policies of ICANN. Where the Domain Name requested by the Client is unavailable, the Client and Port Macquarie Web Designs will use best endeavours to create an alternative that is registrable.
61. Client acknowledges that the elements of the Services, as notified by Port Macquarie Web Designs, contracted directly with the third party supplier, with Port Macquarie Web Designs acting as agent on behalf of the Client, in which cases:
(a) Client releases Port Macquarie Web Designs from any claim or action arising from the agreement, or the acts or omissions of the third party supplier; and
(b) Client indemnifies Port Macquarie Web Designs against any loss, cost or expense incurred by Port Macquarie Web Designs as a result of failure by Client to comply with its obligations under the third party agreement.
(c) Our website/mail hosting and domain registration services are offered on behalf of Dreamscape Networks International Pte Ltd. www.dreamscapenetworks.com. The Client releases Port Macquarie Web Designs (and its employees, officers, agents and contractors) from liability for any loss of data and/or sales, or cost of substitute services in regards to services supplied by Dreamscape Networks. The client is responsible for ensuring they have a backup of any online data such as website, emails, sales data that may be subject to any loss of service.
62. Where Client purchases Email Marketing services and provides a database to Port Macquarie Web Designs for the purpose of providing such services, the Client warrants that each addressee in the database has provided their ‘express consent’ to receiving emails from the Client in accordance with the provisions of the Spam Act 2003 (Cth). The Client hereby indemnifies Port Macquarie Web Designs against any loss, cost or penalty incurred by Port Macquarie Web Designs as a result of Client’s breach of this warranty.
Payment of fees
63. All invoices issued by Port Macquarie Web Designs are payable within seven days. Where invoices are outstanding Port Macquarie Web Designs may:
(a) suspend provision of the Services until invoices are paid in full; and
(b) charge interest on any outstanding amounts, calculated daily at the rate 2% higher than the overdraft rate charged at that time by the bank where Port Macquarie Web Designs maintains its accounts.
64. All charges under this Agreement are exclusive of Goods and Services Tax. GST will be added to each invoice and will be payable by the Client.
65. Port Macquarie Web Designs may incur incidental costs outside the Purchase Order, including (without limitation) couriers, postage, hard copy mock-ups, burning of distilled files to CDs/DVDs, provided that the approval of the Client will be obtained for any cost in excess of $100. These costs will be added to each invoice and reimbursed by the Client.
66. Any condition or warranty which would otherwise be implied in this Agreement is excluded. The liability of Port Macquarie Web Designs for any breach of any term, condition or warranty of this agreement, whether express or implied, will be limited to the total amount payable to Port Macquarie Web Designs for the provision of the Services under this Agreement. In particular Port Macquarie Web Designs excludes liability for any loss or damage suffered by Client due to:
(a) any loss or damage to data, materials or software provided to Port Macquarie Web Designs in connection with the provision of the Services (the Client acknowledging that it is solely responsible for maintaining back-up copies); and
(b) delay of delivery, where such delay is due to circumstances beyond the control of Port Macquarie Web Designs (including, without limitation, acts or omissions of couriers)
67. Where legislation implies any condition or warranty, and prohibits provisions excluding or modifying the liability of Port Macquarie Web Designs under such condition or warranty, the condition or warranty will be deemed to be included in the Agreement, however the liability of Port Macquarie Web Designs for any breach of such condition or warranty, will be limited, at the option of Port Macquarie Web Designs to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again;
(ii) the payment of the cost of having the services supplied again.
68. The Client hereby releases Port Macquarie Web Designs (and its employees, officers, agents and contractors) from liability for:
(a) losses, damages, claims or expenses arising from any defect in or failure of any third party software or hosting service used by Port Macquarie Web Designs in the course of the Services; and
(b) any loss of profits, indirect losses or consequential loss or damage which may be suffered or arise in respect of the Services or any of the actions or omissions of Port Macquarie Web Designs (or its employees, officers, agents and contractors).
69. Our web/mail hosting and domain registration services are offered on behalf of Dreamscape Networks International Pte Ltd. www.dreamscapenetworks.com. The client is therefore bound by the terms and conditions laid out by Dreamscape Networks here.
The Client hereby releases Port Macquarie Web Designs (and its employees, officers, agents and contractors) from liability for any loss of data and/or sales, or cost of substitute services in regards to services supplied by Dreamscape Networks.
The Client is entirely responsible for ensuring they have a backup of any online data such as website, emails, sales data that may be affected by any loss of service.
70. In no event shall Port Macquarie Web Designs, its employees, contractors or any of their respective directors, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the delivery of services provided, including website services and/or publication, logo and/or graphic design, email systems, advertising.
This includes, without limitation, loss of revenue, or anticipated profits, or lost business, unrelated and/or indirect business expenses, business delays, loss of data and/or sales, or cost of substitute services, even if Port Macquarie Web Designs or its representative or such individual has been advised of the possibility of such damages.
71. Both parties agree that they will not disclose, or authorise the disclosure of, the terms of this Agreement, any matter relating to any of the terms of this Agreement or any other confidential information relating to the operations or business of the other party to any other person, except to our advisors or as they may be required to do so by law.
72. Notwithstanding Clause 6.1, the Client agrees that Port Macquarie Web Designs may publish and advertise the fact that it has provided the Services for the purpose of securing future engagements and generally marketing itself.