Decorate & Create4 General
Terms & Conditions
GENERAL WORKING AGREEMENT
This document defines the terms and conditions of our working relationship. All projects or services that Decorate.com.au may be contracted to produce or provide for CLIENT will be subject to the following:
Decorate.com.au does not require clients to sign this form or to check an ‘I agree’ website link for there to be a legally binding agreement. Your verbal, written or emailed order signals that you agree to all the Decorate.com.au terms and conditions detailed in this form. Where there is no evidence of a verbal, written or emailed order from the client, payment of a past invoice for similar services is considered full agreement by the client to the terms and conditions in the form. Furthermore, where there is no evidence of a verbal, written or emailed order from the client, work whether complete or partially complete, undertaken by Decorate.com.au will in fact be considered evidence of a verbal agreement. If a projects is cancelled or postponed by the client, the clients agrees to pay a reasonable fee for the services rendered.
CLIENT agrees to pay Decorate.com.au in accordance with the terms specified in each quotation / estimate. Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 12% per annum or 1.% per month. Decorate.com.au reserves the right to refuse completion or delivery of work until past due balances are paid. Quotations / Estimates are valid for only 30 days from date on estimate / quotation. Client requested changes will be billed additionally. The Client will be notified of any price changes.
REVISIONS AND ALTERATIONS
New work requested by CLIENT and performed by Decorate.com.au after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revision estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author's alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly of $110+ gst / hour.
Estimates are based on a reasonable time schedule, and may be revised to take into consideration your "Priority Scheduling" requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, some third party suppliers may charge penalty fees for urgent printing and work done out of hours.
NATURE OF COPY
CLIENT agrees to exercise due diligence in its direction to Decorate.com.au regarding preparation of materials and must be able to substantiate all claims and representations made by Decorate.com.au on the Clients behalf in web, print digital, social media etc. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Decorate.com.au prepares. Furthermore the Client is responsible for all materials used by Decorate.com.au whether supplied by Decorate.com.au, the Client or other parties.
ERRORS AND OMISSIONS
It is the CLIENT'S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Decorate.com.au is not liable for errors or omissions. Your signature or email confirmation is required on all mechanicals or soft copy artwork proofs prior to release for printing or other implementation. Decorate.com.au is not responsible for errors or omissions in any of the print or digital media it produces for the client.
CLIENT shall pay for all transmissions charges. Decorate.com.au is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.
OVER RUNS AND UNDER RUNS
The CLIENT will accept over runs or under runs that do not exceed 5% of the quantity ordered on all jobs. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
PLACEMENT OF ADVERTISING
At your request, we will purchase media space on your behalf through our media division. Space will be billed to you at current rates plus the standard agency commission.
PROPERTY AND SUPPLIER’S PERFORMANCE
Decorate.com.au will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Decorate.com.au is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
RIGHTS OF OWNERSHIP
According to the Copy right Act of 1968 (Commonwealth), the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Decorate.com.au, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of "All Rights" (A Buyout) is negotiated with Decorate.com.au and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations, logos, pictograms and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
TERM AND TERMINATION
The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or "put on hold" any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, decorate.com.au will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold Decorate.com.au harmless for any loss or expense (including legal fees), and agree to defend Decorate.com.au in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
Production schedules will be established and adhered to by both CLIENT and decorate.com.au, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Designer. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
Websites, Facebook pages and blogs that are template style and sold as part of an annual website management package are owned by Decorate.com.au. Decorate.com.au has no responsibility for liability in the event of the client uploading offensive material of any kind to any blog or Facebook page hosted or managed or developed by Decorate.com.au.
WEBSITE & EMAIL HOSTING
Decorate.com.au provides VPS website and email hosting as a reseller of the Managed VPS service provided by Digital Pacific, Sydney, Australia. Decorate.com.au offers the same service terms as Digital Pacific, visit their website for details.
Our aim is 99.8 % server uptime over the minimum hosting period of 1 year.
Our hosting includes:
• website domain name & delegation management, excluding the domain re-registration charge
• 10 POP e-mail addresses e.g. [email protected]
• 50Mb e-mail storage per e-mail account
• MX record support for cloud based mail services like 365
• Some technicial support with setting up e-mail accounts on your PC and mobile devices
Decorate.com.au cannot be held responsible or liable by the Client for any loss or damages of any kind, arising from server issues, downtime or email delivery failure. The client must understand that there will be issues and outages associated with our services and the services we resell.
ANNUAL WEBSITE HOSTING PACKAGES
Website Hosting Package 1 $550+gst
This package covers what we classify as business level hosting with Cloudflare & SSL on the VPS managed by Digital Pacific in Sydney. Updates of content, security, themes, plugins etc are billable at at rate of $165+gst per hour.
Website Hosting Package 2 $990+gst
This package covers what we classify as business level hosting with Cloudflare & SSL on the VPS managed by Digital Pacific in Sydney. This package also covers updates of security, themes, plugins etc. Content updates are billable at rate of $165+gst per hour.
Website Hosting Package 3 $1550+gst
This package covers what we classify as business level hosting with Cloudflare & SSL on the VPS managed by Digital Pacific in Sydney. This package also covers updates of content, security, themes, plugins etc.. We will spend up to 6 hours managing the website under this package, updates beyond the 6 hours will be billed at the rate of $165+gst per hour applies.
Email is crucial important to every business. It is important to note that the provision of an email service does not guarantee its delivery or receipt. The decorate.com.au (our) VPS runs Spam Assassin which applies a rating to all incoming email. Email which fails to meet predetermined criterial will be either rejected, not delivered or deleted. Clients must also need to run spam filters on all devices receiving email. Clients must understand that it is impossible to stop al spam from being delivered. Decorate.com.au (we) recommends all spam that comes into any inbox be marked as spam or junk and not opened.
New cloud based technologies like 365 are becoming available. In our experience 365 is an excellent application for managing email, shared calendars etc. 365 needs to be configured by a qualitied IT specialist. We work closely with them to set up and manage the MX records on the hosting server which routes your email according to the MX records supplied.
Website security is more important than ever. All new website will be configured with an SSL certificate via the Cloudflare application.
Cloudflare, Inc. is a U.S. company that provides content delivery network services, DDoS mitigation, Internet security and distributed domain name server services. Cloudflare's services sit between the visitor and the Cloudflare user's hosting provider, acting as a reverse proxy for websites. Cloudflare protects and accelerates any website online. Once your website is a part of the Cloudflare community, its web traffic is routed through our intelligent global network. We automatically optimize the delivery of your web pages so your visitors get the fastest page load times and best performance.
Decorate.com.au cannot guarantee that the clients website and or email will not be attacked despite the use of Cloudflare & Spam Assassin. Decorate.com.au will work in support of any client the victim of attack but are not responsible in any way for loss or damage etc. Charges may be made to the client to restore service(s) at the rate of $165+gst / hour.
DOMAIN NAME RENEWAL
Decorate.com.au will renew client domain names e.g.: http://www.yourbusiness.com.au for $55+ gst for a two year period. Exceptions to this include but are not limited to;
• The client has indicated that they will renew the domain.
• The client has not confirmed their acceptance of the renewal service when approval has been specifically requested by Decorate.com.au.
• The Client has invoices outstanding for more than 30 days from the invoice date
SEARCH ENGINE MARKETING
SEO SES Decorate offers one off and annual Search Engine Optimisation Packages including;
• insert of meta data / tags, search keywords and descriptions to all pages
• add a HTML page in the code for Google, Yahoo and MSN/Bing to read easily and efficiently (flash sites only) for mobile devices
• search engine submission to Google
• website statistics known as Google Analytics e-mailed to you – quarterly
• develop XML site map and submit to Google
• Google My Business listing update
It is important to note that there are no guarantees with SEO SES and decorate makes no claims beyond those supported by companies like Google.
ELECTRONIC DIGITAL MARKETING - EDM'S
Decorate.com.au will run electronic marketing campaigns according to the clients brief. Responsibility for the content lies with the client. At the conclusion of each EDM the clients will be emails a ‘live’ report about the campaign. EDM’s start at $330+gst.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of Australia and of the State of New South Wales applicable to agreements entered into and performed in the State of New South Wales. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain solicitors to collect our invoices, we will be entitled to reasonable legal fees, court costs, and interest at the maximum rate permitted by law. These terms and conditions will be updated periodically without notification to the client.