Terms & Conditions (Noosa Web & Graphic Clients)

General Terms

These conditions of Noosa Web & Graphic apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Noosa Web & Graphic or form part of any contract unless expressly accepted by Noosa Web & Graphic in writing.

Email will be the method of contact with regard to all communication. Although Noosa Web & Graphic can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. Noosa Web & Graphic can not be held liable in any way relating to communication issues if we are not supplied with a valid email address. Noosa Web & Graphic will acknowledge all emails within 3 working days.

Price Estimates

Noosa Web & Graphic will usually attempt to estimate a price. Where possible a full brief, preferably in writing should be supplied by the Customer to Noosa Web & Graphic before such an estimate can be prepared.

Cost Variation

All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Noosa Web & Graphic quotations for design work are based upon projected working hours at the current studio rate, plus materials and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately. A fair use policy applies to image purchases where the customer will be charged for all image purchases from www.istockphoto.com over $20 total.

Consequential Loss

Noosa Web & Graphic shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he or she is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between Noosa Web & Graphic and the Customer, however that delay arises.

Customers Property

Customers property when supplied to Noosa Web & Graphic will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If 3rd parties are sub contracted by Noosa Web & Graphic and are to use artwork to complete their requested task, then all artwork remains the property of the Noosa Web & Graphic customer and may not be copied or used in any manner by the 3rd party for their own works outside of Noosa Web & Graphic. Once the job has been completed all copies of the artwork either hard or soft are to be returned to Noosa Web & Graphic or be completely deleted from their systems or servers.

Initial Work

Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.

Proofs

Final proofs will be presented by Noosa Web & Graphic to the Customer for approval prior to publishing. When approval is given by the Customer in the form of a signature upon our approval stamp, they are assumed by Noosa Web & Graphic to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing.

Testing

It is expected that the customer has tested the site in full (User Acceptance Testing) before the “Sign Off’ form is returned and that the customer understands that any changes required to be made to the website after the signed form is returned will be charged at applicable rates. The customer will have 60 days after the website hand over to notify Noosa Web & Graphic of any programming mistakes or errors and at this time should notify Noosa Web & Graphic in writing. After 60 days any programming or changes, regardless of error, will be charged at programming rates. NOTE: Noosa Web & Graphic does NOT program for Internet Explorer (IE) 9 or earlier. We do not guarantee pages to render correctly in the case of Internet Explorer (IE) 9 or earlier.

Warranties

Noosa Web & Graphic makes no warranties for development that has been tested and has been proven to work at the time of hand over and then has stopped working due to circumstances beyond our control. This may include changes to software, plug in’s, hardware, hosting services, internet browsers, updates, operating systems and other third party products.

In The Event That

a) the customer becomes apparently insolvent (within the meaning of the Bankruptcy) or makes any voluntary arrangement with it¹s creditors, or
b) a petition is presented or a resolution is passed to wind up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company), or
c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or
d) the Customer shall otherwise cease trading, or
e) any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Noosa Web & Graphic shall (without prejudice to any other right or remedy available to it) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

Copyright

The Customer shall not submit for use by Noosa Web & Graphic anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Noosa Web & Graphic under the relevant contract and shall further indemnify Noosa Web & Graphic against any loss, costs or expenses attributable to such unauthorised dealing.
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Noosa Web & Graphic in implementation of any contract between Noosa Web & Graphic and the Customer shall remain with Noosa Web & Graphic until full payment has been received. For the purposes of these conditions, WORK means and includes any programming, development, graphic design, web design, artistic, literary or dramatic work within the meaning of the (amended) Copyright.

Title

Ownership of any work delivered to the Customer under any contract between Noosa Web & Graphic and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to Noosa Web & Graphic under such contract has been made to Noosa Web & Graphic. The risk of damage to or destruction of any item delivered by Noosa Web & Graphic to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
Intellectual Property shall only pass to the customer when payment has been received in full and a certificate of Assignment of Copyright will be issued to the customer at this time.

Payment -I

A deposit payment will be taken when work begins. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished work and prior to site hand over. Divided payments by standing order may be considered under certain circumstances such as regular consultancy or administrative work. PAYMENT (Maintenance) – Maintenance rates will become effective if one of the following is met (a) the original site has been created and paid for in full. (b) otherwise stated in writing by a Noosa Web & Graphic representative. Maintenance will be charged out at the current Maintenance Rate and will be charged half hourly. A minimum charge of one half hour will apply. Noosa Web & Graphic has the right to decide if a job meets a maintenance or design title. If the job meets a design title then the design rate will be applicable.

Payment -II

(Project Postponement) If a project is postponed or cancelled after more than 50% completion by anyone other than Noosa Web & Graphic, then the balance of works will be invoiced and then completed at the customers continuation date (if any).
(Project cancellation) If the project is cancelled by either party before 50% completion a refund will not be issued if a Statement of Work has been signed. If a Statement of Work has not been signed and the project is cancelled by either party after 50% completion, a refund may be granted less charges accumulated by Noosa Web & Graphic or any 3rd party costs that Noosa Web & Graphic occurred during the project. These prices will be calculated at Noosa Web & Graphic standard design rate based on the hours already spent including any 3rd party costs. Setup costs are not refundable. Administration costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours quoted. Proof in the form of a project time sheet can be provided to the customer.

Payments

All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by Noosa Web & Graphic are exclusive of GST which will, where appropriate, be payable by the Customers.
Where Hosting invoices are overdue by 30 days Noosa Web & Graphic reserves the right to lock all email facilities; at 60 days the web site and /or service may be closed. At this time a 30 day cancellation period applies during which charges are accumulated; at 90 days legal proceedings may commence. Noosa Web & Graphic reserves the right to charge accumulating administration fees to any overdue accounts past 90 days.

Hosting and 3rd Party Accounts

Managed hosting, dedicated hosting and email accounts through 3rd parties such as Doteasy Australia require 30 days notice forcancellation. A pro rata invoice will be issued if applicable. This cancellation period is in line with those imposed by the 3rd parties themselves and is therefore not negotiable.

Sub Contracting

Noosa Web & Graphic may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by Noosa Web & Graphic for the Customer.

Non-Payment

Failure by the Customer to meet financial obligations may result in legal proceedings by Noosa Web & Graphic under which circumstances ALL legal costs and other administrative expenses will be recoverable in full by Noosa Web & Graphic.

Search Engines

A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your keyword phrases, but are not liable for circumstances beyond our control. Such circumstances include the change in policies of the search engines involved, spontaneous drop outs and other anomalies out of our control.
We will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. We reserve the right to refuse to promote any site we deem as unacceptable for any reason, without explanation.
No retroactive refunds will be made, This service is a monthly, Quarterly or Yearly service. For purposes of this agreement, Noosa Web & Graphic shall have no responsibility under this agreement during periods when the search engine is not available either for searching or submissions. Noosa Web & Graphic will not be responsible for any further damages of any kind.
The code that we actually use to index your page with the search engines is proprietary even though it is based on your original pages. The information (all codes, HTML, Java and all work that has been manually done) may not be sold, used, or transferred another website without our written permission.
We will not ‘spamdex’ your pages into unrelated keyword categories. That means that if your page is the “cheap car insurance” page, we will not index it into the “ford trucks” keyword search page. This kind of indexing is harmful to useful operation of all search engines.

Last updated: January 2, 2017