TERMS & CONDITIONS
Please consider Decorate.com.au and Create4 as one and the same business.
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:
Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases. Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Decorate.com.au or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by Decorate.com.au. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. We will begin work upon the Decorate.com.au receiving a signed copy of the quotation and receipt of a 50% deposit. The signed quotation or deposit received will constitute an enforceable agreement between us.
CLIENT agrees to pay Decorate.com.au in accordance with the terms specified in each quotation. Unless otherwise specified, all subsequent balances due are payable upon art approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. Estimate: Billing will reflect the actual costs incurred. Valid for only 30 days from date on 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 proposal revision memo 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 rates.
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 us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
ERRORS AND OMISSIONS
It is the CLIENT’S responsibility to check proofs and or updates in the case of website content carefully for accuracy in all respects, ranging from spelling, pricing 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. Where verbal or electronic approval to proceed with changes to a client’s website(s) is received, it is the clients responsibility to check the website for errors, omissions etc.
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. 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 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 custom developed are owned by the client. 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. DON’T DO IT.
WEBSITE & EMAIL HOSTING
Decorate.com.au provides hosting on it’s dedicated server as follows:
Premium Business Level Website + Email Hosting: Period – 1 year
• website and e-mail stored on dedicated server
• 300Mb disk space
• 3GB monthly download limit
• 25 e-mail addresses e.g. [email protected]
• 50Mb e-mail storage per e-mail account
• powerful webmail facility
• server level virus filtering
• server level spam filtering – adjustable to each email address
• POP and IMAP email access
• PHP 5.2
• IonCube Loaders
• Cron Jobs
• Zend Loader
• SSH Access
• Premium Business Level dedicated IP’s as required
• optional custom modules and scripts on demand including installation & set-up
• service monitoring – 24 / 7 via email and/or sms notification
• critical Support 24 / 7
• restore from backup on demand
• Decorate.com.au / Create4 has 24/7 access to the data centre
• Constant server monitoring including Malware
• Australian servers trusted and operated within a Sydney NSW, Data Centre
• Australian / local technician support with setting up e-mail accounts on your PC and mobile devices
SEARCH ENGINE OPTIMISATION AND SUBMISSION
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 places 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.
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.
Decorate.com.au reserves the right to update terms and conditions at any time and without notice.