Opinions contained on this site represent onlinedesigner.com.au's current opinion only and are subject to change without notice. All information has been compiled in good faith from sources believed to be reliable. However, no representation or warranty, express or implied, is made with respect to the completeness or accuracy of the contents and it is not to be relied upon as authoritative. Any data, pricing and the like are subject to change without notice. Vistiors to this website should make decisions based on their own further investigations. To the extent permitted by applicable law, no liability whatsoever is accepted for any direct or consequential loss arising from use of these electronic or printed documents or their contents.
LIMITATION ON USE This Website and its contents are the property of onlinedesigner.com.au and are subject to copyright under Australian law and other countries under international treaties. Use of the Website or contents is not permitted without the authorisation of onlinedesigner.com.au. You must not reproduce, retransmit, disseminate, sell, distribute, publish, copy, broadcast, circulate, create derivative works from or commercially exploit the material presented on the onlinedesigner.com.au website in any form or manner whatsoever without express written consent. You may, however, print one copy on one computer for your personal, non-commercial use, provided that you do not delete or change any copyright, trademark and other proprietary notices. All services provided by onlinedesigner.com.au (ABN 26 575 336 629) of 1/130 Francis Street, Bondi NSW 2026, are subject to the following terms and conditions. Please read them carefully as they, together with your design brief & payment, form the agreement between you and onlinedesigner.com.au. These terms and conditions may change from time to time, andwill be updated on this site.
1. PROVISION OF SERVICES
(a)(i) Prices indicated by onlinedesigner.com.au are valid for the term of your job. Prices are subject to review and change after that.
(a)(ii) A purchase order will be issued when payment and a design brief is received in accordance with these terms and conditions.
(b) Services will be provided as itemised in the purchase order. Any changes, including changes to agreed content, artwork, scheduling or any other terms must be agreed in writing only. This will take the form of an email correspondence.
(c) onlinedesigner.com.au will use any resources it deems fit in order to fulfill a quotation or proposal. This includes, but is not limited to, discretion as to choice of software, materials, and contractors and sub-contractors.
2. PAYMENT TERMS
(a) Payments may be made by Mastercard, Visa, Bankcard or American Express.
(b) Design work will not commence until the full amount has been received and cleared.
(c) All fees and charges are payable in full and without any offsets or deductions unless otherwise agreed in writing.
(d) GST is payable on all services provided by onlinedesigner.com.au and is included in the price. If you are GST exempt, you must be provide onlinedesigner.com.au with a notice of exemption from the ATO.
3. CANCELLATION AND TERMINATION
(a) Once design work has commenced, the payment is not refundable.
(b) Where design work has been agreed to and the project is cancelled at your request and where the design work has not yet commenced, a termination fee of 25% of the agreed quotation or proposal or the total of costs accrued by onlinedesigner.com.au to date will apply (whichever is greater).
(c)(i) Works in progress can be postponed at your request in writing.
(c)(ii) Where you postpone a project in accordance with clause (c)(i) of this section, work will be restarted and completed at your instruction in accordance with the specifications of the original quotation.
(c)(iii) Notwithstanding clause (c)(ii) of this section, work resumed after postponement will be subject to cost revision. Work will not restart until revised costing (if any) has been agreed to in writing.
(d) onlinedesigner.com.au reserves the right to terminate services where there is a material breach of these terms and conditions.
4. SERVICE TERMS
A. General Conditions
(a) You agree to include all necessary documentation, images, artwork or any other necessary material for onlinedesigner.com.au to complete agreed work, withthe initialbrief unless otherwise agreed in writing. onlinedesigner.com.au will not be responsible for delays to agreed scheduling and/or failure to meet deadlines where you fail to adhere to this condition. Costs incurred by onlinedesigner.com.au arising out of delays caused by breach of this condition will be charged to you.
(b) You must ensure all artwork and any other material onlinedesigner.com.au is asked to use meets all relevant Australian legal requirements, including but not limited to compliance with intellectual property rights legislation and/or statutory or common law personal rights or proprietary rights.
(c)(i) Compliance with intellectual property rights legislation means you will obtain all necessary permissions, licenses or any other authorisation to use copy, artwork, graphics, registered names, trademarks, patents, logos or any other material you provide to onlinedesigner.com.au so that their use by onlinedesigner.com.au does not constitute an unauthorised dealing within the meaning of the Copyright Act 1968 (as amended).
(c)(ii) Compliance with clause (c)(i) of this section will be implied by your supply of any material mentioned in clause (c)(i) to onlinedesigner.com.au. It will be construed in the form of a guarantee to onlinedesigner.com.au that material complies with clause(c)(i) of this section.
(c)(iii) onlinedesigner.com.au will be indemnified against any claims and/or costs arising from your failure to comply with any part of clause (c) of this section.
B. Other graphic design conditions
(a) The fee for all graphic design work includes the specified number of rounds of changes to the concepts or their execution at your discretion, unless otherwise noted. Any further changes will be invoiced at an hourly rate of $66. This excludes errors made by onlinedesigner.com.au, which will be corrected free of charge up to and including the final proof stage (see Section 6A herein).
(c)(i) onlinedesigner.com.au will always supply a final proof to you for review and approval prior to delivery, printing or publication. You must examine the final proof carefully for errors. When you are satisfied with the final proof, you must convey explicit approval of electronically supplied proofs in writing (email). Any errors or exceptions must be noted in writing and returned with the proof to onlinedesigner.com.au for correction in accordance with these terms and conditions.
(c)(ii) Alterations to previously approved work will be invoiced at $66 per hour.
C. Other web design conditions
(a) Website quotations and proposals are for design and delivery of html pages only unless otherwise agreed in writing. On-site software and hardware installation or setup, website maintenance and any other ongoing support services are subject to separate quotations and proposals unless otherwise agreed.
(b) Website maintenance or updates (including additions and deletions) will be performed in accordance with a separate purchase order for such services.
(c) onlinedesigner.com.au will not be held responsible for any alterations whatsoever to websites or business solutions products performed by you or any other third party.
(d)(i) onlinedesigner.com.au reserves the right to exclude offensive or illegal material you ask to be included on your website.
(d)(ii) Notwithstanding clause (d)(i) of this section, onlinedesigner.com.au will be indemnified by you against any claims and/or costs arising from material incorporated at your request.
(e) All care will be taken to provide reliable goods to you, but onlinedesigner.com.au accepts no responsibility or liability for any losses arising out of the operation of the website or any applications, either by the client or by customers of the client. This includes loss of data, profits, interruption to service, and any damage or consequential loss.
(f)(i) You will be given an opportunity to fully test and review websites prior to them being provided in accordance with your design brief. All errors, including any failures to meet specification, must be brought to onlinedesigner.com.au’s attention for correction at this stage. Once the test version is approved, any further changes will be charged at cost.
(f)(ii) Approval of a website must be provided to onlinedesigner.com.au in writing, stating that you have thoroughly reviewed the website and found it to be free from error and functioning to specification, and that, as such, you approve it for final delivery.
5. INTELLECTUAL PROPERTY
(a) Working files and concept/design development files remain the property of onlinedesigner.com.au at all times unless otherwise agreed in the quotation or proposal or in writing.
(b) When payment has been received and cleared, ownership and intellectual property rights in the final delivered work becomes yours. Works for the purpose of this clause refers to any literary, artistic or dramatic work as defined in the Copyright Act 1968 (as amended).
(c) Notwithstanding clause (b) of this section, moral rights to works remain with onlinedesigner.com.au at all times. onlinedesigner.com.au retains the right to use, publish, reproduce, display, distribute or create derivative works from any artwork, copy, concepts, solutions or digital works including websites and eCommerce solutions to promote or publicise onlinedesigner.com.au and/or foster recognition of onlinedesigner.com.au as the author of the material.
6. GENERAL TERMS, INDEMNITY AND LIMITATION OF LIABILITY
A. Errors
(a) onlinedesigner.com.au will exercise all care to ensure design work is free from error.
(b) onlinedesigner.com.au will correct any and all errors made by onlinedesigner.com.au up to and including the proofing and/or testing stages of a design project free of charge. Once the final proof or version is signed off by you, the cost of correcting any errors will be charged to you at the hourly rate of $66.
(c) onlinedesigner.com.au will not be held responsible for any errors contained in artwork, copy or any other materials supplied by you. onlinedesigner.com.au does not proof any material in the absence of agreement in writing to the contrary. You must ensure supplied material is correct and up-to-date.
B. Indemnities and limitation of liability
(a) onlinedesigner.com.au makes no warranties or representations about the fitness or suitability of a proposed design solution. It is your responsibility to ensure that any service proposed to be provided by onlinedesigner.com.au meets your requirements.
(b) Any express or implied statutory or otherwise terms, conditions, warranties, representations not included in these terms and conditions, including those of the client’s, are excluded.
(c) onlinedesigner.com.au and its employees and agents will not be liable for any losses, losses to profit or damage to goodwill, nor any direct, indirect, incidental, special, consequential or punitive damages incurred directly or indirectly out of services provided by onlinedesigner.com.au.
(d) Where any part of these terms and conditions is excluded, modified or voided under any legislation, the legislative provision will be deemed incorporated in these terms and conditions. Where more than one term, condition, warranty or remedy is available to you, onlinedesigner.com.au reserves the right to select the means by which any breach of such legislative provisions will be remedied, including, specifically, supplying the agreed service again where permitted.
(e) Notwithstanding clause (B)(d) of this section, no terms excluded, modified or voided by legislation voids these terms and conditions in their entirety. Terms and conditions not affected by legislation remain in full force and effect.
(f) All property supplied to onlinedesigner.com.au to carry out design work is at your own risk. If your material is valuable or irreplaceable, you should ensure materials are insured or, in the case of electronic material, securely backed up. All property will be returned to you at the completion of the project.