TERMS AND CONDITIONS
Please read and understand, thank you
for your assistance.
This agreement is with you (the “Client”) for the development of a website or graphic design service (“website or design”) with Sydney Creative Design (“SCD”)
The Client confirms this Agreement is a commercial transaction between commercial parties and furthermore and separately that the website or design is for use in business, trade, or commerce and furthermore separately that the Client has the opportunity to obtain their own legal advice.
The Client hereby warrants that it has and will continue to have, the right to use any business name, patent, trademark or trade name, which forms part of the website or design. The Client also warrants that the website or design does not contravene any state or Federal Legislation and does not contain any material that is obscene, defamatory, false, or misleading, or likely to deceive and furthermore that the website or design does not infringe any rights of a third party including any but not limited to intellectual property rights.
The Client shall indemnify SCD against all claims in respect to any alleged infringement of copyright, trademark, or design in respect of any passing off, defamation or the like arising in consequence to the exhibition of the website or design prepared for their Client pursuant to this agreement.
Where the business of the Client is sold or taken over by a new owner, the Client shall remain fully liable under this agreement. The Client must ensure any new owner expressly agrees in writing to be bound by the terms of this agreement and provide evidence of the same upon request by SCD.
If payment of any monies by the Client to SCD is not made by the due date then, without further demand:
a. The whole of the outstanding contract value under this Agreement shall become immediately payable: b, SCD reserves the right to withdraw the website or design from public access or limit its functionality
In the event of Force Majeure, Act of Parliament or other government action, or any other reasons beyond the control of SCD, SCD shall be excused for the period of the event from carrying out the conditions of this Agreement until a normal situation has returned.
The client understands and agrees that issues can occur that may delay or impact the development of the website or design and SCD warrants that its services shall be performed in a diligent and competent manner. The Client agrees that reasonable delays will not be a basis for voiding the contract or withholding payments.
SCD shall not be liable for any loss, damage, claim or demand incurred or made by any third party arising out of the publication or use of the website or design and the Client indemnifies SCD in respect of the same.
This Agreement shall be governed by and interpreted in accordance with the laws in New South Wales. Any dispute arising out of this Agreement shall be heard and determined within the exclusive jurisdiction of New South Wales.
Should the Client require additional customised development then a separate quote will be provided for the Clients approval prior to development. SCD will charge such changes at the standard hourly rate of $95 per hour, or such other rate as agreed to.
In respect to website hosting fees, they are payable in advance for the year depending on the plan chosen. Email accounts once again are also payable by the client in advance for the year. The hosting fee is dependent on third party providers and is subject to change. The Client will be notified of any change.
By signing of this agreement, the Client agrees to be bound by these terms and conditions.
SCD agrees to reasonably hold any confidential information disclosed to it by the Client in confidence, to cause its employees, agents or third parties to hold such information SCD shall not disclose confidential information to others for purposes other than development of services for the website or design.
The Client agrees and indemnifies SCD that at all times the Client will comply with the Spam Act 2003 (cth)
The Client agrees it will provide its own hardware and internet connections to use the service and is solely responsible for all costs associated with that usage.
SCD may assign or license its rights or services under this Agreement to any third party without the prior consent of to notification to the Client.
Any liability of SCD to the Client shall not exceed the total amount paid by the Client to SCD at that time such liability arose.
Any variation to this agreement must be in writing and signed by both parties.
The invalidity of any term or condition in this Agreement shall not invalidate other terms and conditions or the Agreement as a whole.
It is agreed and declared that this Agreement contains all terms and conditions between the parties hereto and that SCD has made no warranty or representations except as expressly stated.