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Terms
and Conditions
1.
Provision of Services
1.1) DesignFolks
Pty Ltd
agrees to complete the
website according to
the specifications listed
in the quoute or specification
sheet signed and accepted
by the Customer.
Any revisions, amendments
and add ons must be
agreed to in writing
and will incur a revision
to the quoted price.
The Customer
must read and understand
these terms and conditions
before proceeding. When
submitting the purchase
order, the Customer
has indicated their
agreement and acceptance
of these terms and conditions,
along with the terms
and conditions listed
in the Specification
sheet. These following
clauses along with the
specification sheets
are the general terms
and conditions between
DesignFolks Pty
Ltd with
the Customer.
2)
Payment
2.1)
The Customer
shall pay to the company
DesignFolks Pty Ltd
the amount that
is quoted in the Quotation.
2.2)
The quoted price liable
for payment by the Customer,
in the quotation will
only apply for the items
specified in the quotation
or specification sheet.
Items or service of
items along with any
changes, amendments,
or add ons, not specified
in the quote/specification
sheet will be charged
at an hourly rate on
top of the agreed amount.
2.3) The Customer
may be required to pay
a 30% down payment for
any work quoted above
$500.
2.4)
The Customer
will remain liable to
any fees and payments
when services have been
suspended, terminated
or discontinued due
to the Customer's
failure to comply with
these terms and conditions.
2.5)
DesignFolks Pty Ltd
reserves the right to
charge urgency fees
for any work requiring
the prioritizing of
clients with a turnaround
of under 1 week.
3)
Copyrights and Intellectual
Property
3.1)
The Customer
will be responsible
to obtain all the necessary
permissions and authorities
in respect of the use
of all copy, graphics,
registered company logos,
names and trademarks
or any other material
supplied by the Customer.
3.2)
DesignFolks Pty Ltd
retains all intellectual
property rights including
and without limitation
to reproduce, manipulate
and recreate any items
including any artwork,
material, ideas, concepts,
know-how or techniques
developed and created
by DesignFolks Pty
Ltd for the Customer's
Website, for any purpose,
including but not limited
to the developing, manufacturing,
promoting, advertising
and marketing products
unless specifically
agreed otherwise.
4)
Termination of Services
4.1) DesignFolks
Pty Ltd reserves
the right to suspend
services in any case
where the Customer
have failed to perform
any obligations under
this agreement.
5)
Contents of Website
5.1)
DesignFolks Pty Ltd
observes any Privacy
Laws and Guidelines
relating to personal
data from the Customer
5.2) The Customer
will ensure that any
provided goods like
film, negative, photographs,
artwork or files do
not infringe on any
copyrights or intellectual
property rights of any
third parties and thereby
indemnify DesignFolks
Pty Ltd against
any action taken against
DesignFolks Pty Ltd
by any such third party.
5.3)
DesignFolks Pty Ltd's
services may be used
for lawful purposes
only. Any information
or materials that may
violate any state or
federal statues and/or
regulations is prohibited.
DesignFolks Pty
Ltd reserves the
right to refuse services
the Customer
without providing reason
or cause.
6)
Changes, Maintenance
of Website
6.1)
The Customer
is given a trial period
of thirty days prior
to the launch of the
website to make changes
within agreed specifications.
6.2)
The Customer
understands that when
the Job Completion Sheet
is signed, further changes,
amendments or add ons
will be charged at an
hourly rate.
6.3)
Technical assistance
via email or telephone
regarding site changes
or maintenance taking
more then 15 minutes,
will be charged at an
hourly rate.
7)
Web Hosting
7.1)
The Customer
understands that DesignFolks
Pty Ltd rents hosting
space from a separate
individual company and
will not be responsible
for any action regarding
delays, breakdown or
data lost caused by
the hosting company.
7.2)
DesignFolks Pyt Ltd
also accepts no responsibility
for the delay, breakdowns
or data loss caused
by the hosting company
chosen by the Customer.
8)
Limitation of Liability
8.1)
All terms and conditions,
warranties and undertakings,
whether expressed or
implied for the services
DesignFolks Pyt Ltd
provides not contained
in this Agreement are
excluded
8.2)
Despite any other terms
of this Agreement, the
maximum cumulative aggregate
liability of DesignFolks
Pty Ltd for all
claims made by the Customer
in respect of any loss
or damage suffered or
incurred by the Customer
will not exceed the
amount of the total
fees paid to DesignFolks
Pty Ltd for providing
the Services (excluding
GST).
8.3)
Each party's liability
in contract, equity,
negligence, intended
conduct, tort or otherwise
will be reduced by the
extent, if any, to which
the other party contributed
to the loss.
8.4)
(Subject to clause 8.3)
To the maximum extent
permitted by applicable
law, in no event shall
DesginFolks Pty
Ltd be liable for
any incidental, special,
direct or indirect,
or consequential loss
or damages whatsoever
including, but not limited
to the following
- Business
interruption or Lost
management time;
- Any
Loss of profits, savings,
contracts, revenueˇ
- Loss
of privacy or confidential
or other information
and any other pecuniary
or other loss whatsoever.
- Any
amounts payable by
the Customer
to a third party even
if it has been advised
of their possible
existence and even
if such loss, damage
or expense is caused
by the negligence
of DesignFolks
Pty Ltd, its employees,
agents or contractors.
arising
out of or in any way
related to the use of
or inability to use
the website (including
all functionality) and
any service provided,
associated to, or advised
by DesignFolks Pty
Ltd in any way whatsoever,
the provision of or
failure to provide support
services, or otherwise
under or in connection
with any provision of
these terms and conditions,
even in the event of
the fault, tort (including
negligence), strict
liability, breach of
contract.
8.5)
DesignFolks Pty Ltd
shall not be liable
to the Customer
or be deemed to be in
breach of the terms
and conditions contract
by reason of any delay
in performing, or any
failure to perform,
any of DesignFolks
Pty Ltd's obligations
in relation to the Specified
Service, if the delay
or failure was due to
any cause beyond DesignFolks
Pty Ltd's control.
8.6) DesignFolks
Pty Ltd will not
be responsible for any
deficiency in the website,
or any content included
on the website which
is attributed either
directly or indirectly
to
- Incorrect
information provided
by the Customer
- Reliance
by DesignFolks
Pty Ltd on the
Customer Material;
or
- Failure
by the Customer
to provide relevant
information.
8.7)
Certain legislation
may imply warranties
or conditions or impose
obligations upon DesignFolks
Pty Ltd which cannot
be excluded, restricted
or modified except to
a limited extent. This
Agreement must be read
subject to any of these
statutory provisions.
If these statutory provisions
apply, to the extent
to which DesignFolks
Pty Ltd is entitled
to do so, it's liability
under those provisions
will be limited at its
option to:
- a)
in the case of goods,
the replacement of
the goods or supply
of equivalent goods,
the payment of the
cost of replacing
the goods or acquiring
equivalent goods,
the payment of the
cost of having the
goods repaired or
the repair of the
goods; and
- b)
in the case of services,
the supply of the
services again, or
the payment of the
cost of having the
services performed
again.
9)
Indemnity
9.1)
The Customer
agrees to indemnify
and hold harmless DesignFolks
Pty Ltd from any
and all claims resulting
from the Customer's
use of DesginFolks
Pty Ltd's services
which cause damage to
the Customer
or a third party.
10)
General
10.1)
These Terms and Conditions
supersede all previous
indications, representations,
understandings or agreements
and shall prevail notwithstanding
any variance with terms
and condition of any
order submitted, save
only for any exceptions,
changes and amendments
specifically outlined
in the specification
sheet or in any written
documentation accepted
and approved by both
parties. The remaining
terms and conditions
remain in full force
and effect.
10.2)
Written communication
between the Customer
and DesignFolks Pty
Ltd may take the
form of letters, formal
documents, faxes or
emails.
10.3)
DesignFolks Pty Ltd
reserves the right to
change the terms and
conditions of the acceptance
of future orders for
authoring and placement
of the Customer's
pages.
10.4)
By proceeding to submit
the purchase order,
the Customer
has accepted and agreed
with these terms and
conditions.
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