Our Terms & Conditions
Terms & Conditions
• During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
• Once proposal has been finalised, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will Image Graphic Design (NSW) Pty Ltd be liable for any delays caused by change in the project brief.
• Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by Image Graphic Design (NSW) Pty Ltd.
• Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
• Image Graphic Design (NSW) Pty Ltd takes no responsibility of any of the third party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions.
• Image Graphic Design (NSW) Pty Ltd takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares.
• Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
• Hosting charges are not included in the quotations unless mentioned otherwise. Image Graphic Design (NSW) Pty Ltd can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.
• Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Image Graphic Design (NSW) Pty Ltd will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• Image Graphic Design (NSW) Pty Ltd cannot give access to their test servers and test websites to the clients or any third party.
Payment / Refund terms
• All prices are quoted in Australian dollars are exclusive of GST unless specified.
• All invoices are to be processed as per the schedule via Direct Bank transfer/payment.
• Final Payments on Website Design and Development are to be made before the website is published live to the root folder of the server or 14 days from the Invoice date, whichever comes first. As various projects vary in time we may shorten or increase the payment days from the Invoice date, this will be discussed with the client and will be shown on the Invoice. By paying the Invoice you agree to these terms and any alterations to them.
• Payment terms for Graphic Design work are 100% payment before any work is started.
• Receipt of payment is deemed as acceptance of the quote, milestone, delivery or project.
• Image Graphic Design (NSW) Pty Ltd reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail or fax. Telephone requests on cancellations will not be accepted.
• For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
• Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $10.00 per month plus GST, from the due date.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 30 days from the Invoice date.
Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Image Graphic Design (NSW) Pty Ltd will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
• All communications/correspondences is generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable. In case of web-hosting renewals all cancellations must be notified to us 30 days before the renewal date.
• If client chooses a 3rd party hosting provider prior to starting a project, Image Graphic Design (NSW) Pty Ltd will build and test the website on one of our own servers or hosted domains. The website may be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
• The Client needs to provide digital assets such as logos, infographs, etc. Creating your brand design with no assets to start with is another level of work.
• Where a website being supplied has been quoted to you in (example 3 weeks), you the customer are required to supply us Logo/s, wording (in word doc format), all pictures/photos in good quality jpg, jpeg, png, pdf, tiff format within the quoted time frame (example 3 weeks) you have been told.
• In the event that Image Graphic Design (NSW) Pty Ltd are waiting for any materials, Image Graphic Design (NSW) Pty Ltd will file away any further work on the project until said required supplies are supplied complete. Once supplied Image Graphic Design (NSW) Pty Ltd will then allocate a time and date to complete said project and notify the customer of the same.
• All content is to be delivered by email, web transfer, cloud, external drive during the development of the website and or within the first 2 weeks after the initial deposit was paid.
• Any content supplied by the customer indemnifies Image Graphic Design (NSW) Pty Ltd of it being previously used, altered, copied or misleading.
• All content of this website is a property of Image Graphic Design (NSW) Pty Ltd unless otherwise specified. Image Graphic Design (NSW) Pty Ltd reserves the right to change the content or policies without any prior notice.
• The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Image Graphic Design (NSW) Pty Ltd reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
• Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another.
• In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
Disputes, Liability and Indemnity
• In an event of a dispute, Image Graphic Design (NSW) Pty Ltd reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Image Graphic Design (NSW) Pty Ltd reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Image Graphic Design (NSW) Pty Ltd be liable for any damages arising from misrepresentation or misinformation.
• Image Graphic Design (NSW) Pty Ltd reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
• Image Graphic Design (NSW) Pty Ltd provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
• Relationship of Image Graphic Design (NSW) Pty Ltd with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
• Client will indemnify and hold Image Graphic Design (NSW) Pty Ltd, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Image Graphic Design (NSW) Pty Ltd.
• Image Graphic Design (NSW) Pty Ltd will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
• Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
• It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
• All renewals must be paid by seven working days prior to the expiry date.
• Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
• If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting.
• If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
• Once all invoices are paid, it is client’s responsibility to request for the files to be supplied within 7 days.
• All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
• Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
• Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
• Hosting are on shared and non-shared servers hosted via third party providers. Image Graphic Design (NSW) Pty Ltd ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
• All domain registrations and renewals are to be paid in advance.
• Expiration of a domain can result in service disruption and loss of domain.
• Image Graphic Design (NSW) Pty Ltd will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
• It is client’s responsibility to renew their domain names with us.
• All invoices and dues must be paid in full before we release the requested domain name.
• Image Graphic Design (NSW) Pty Ltd has the domains in a common pool account and therefore cannot give access to its domain control panel.
• Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Image Graphic Design (NSW) Pty Ltd and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.