David Hilyander Design
A.B.N. 35 638 914 709
TERMS AND CONDITIONS
David Hilyander Design supplies these goods (“the Goods”) on these terms and conditions and the buyer of the Goods (“the Buyer”) accepts them.
Operation Of Terms And Conditions
These terms and conditions override any contrary or inconsistent terms (whether oral or written and irrespective of where made or written) and can only be varied by way of formally executed documentation.
Ordering
Orders for goods will only be accepted in writing. Production of goods will not commence until such time as a written order is received by
David Hilyander Design.
Delivery – Location
David Hilyander Design will deliver the goods to the premises as specified by the buyer.
Payment
The buyer will pay the price stated on the invoice to David Hilyander Design in full within 30 days of invoice date. David Hilyander Design reserves the right to suspend use of web sites or delivery of work if the buyer does not strictly adhere to the terms of payment. For all first up Clients a 50% deposit will be taken and payment in full must be received before any work goes live or is produced, only clients with accounts have the 30 Day pay period.
Note: We reserve the right to charge interest at 14% per annum calculated daily on overdue accounts. We further reserve the right to recover all expenses, cost and /or disbursements incurred in recovering any overdue monies, including collecting fees, Solicitors fees and all legal cost.
General
Any intellectual property rights supplied by David Hilyander Design unless agreed otherwise, shall remain the property of David Hilyander Design and equally any intellectual property rights of the client shall remain so unless agreed otherwise. The client is responsible for all copyright and intellectual property clearances of the content and shall indemnify David Hilyander Design against any possible liable action. The contents of the client’s web site are the sole responsibility of the client and David Hilyander Design shall not be held responsible. The client will indemnify David Hilyander Design against any possible liability action resulting from this.
Any code or original artworks or graphics developed by David Hilyander Design or our contractors including HTML markup, Flash and multimedia including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single web site. It cannot be copied, reused or resold without the written permission of David Hilyander Design. Original graphics created for use in the proposed web site cannot be re-used in any other web site or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees. The licensing for the any server side programs and scripts including those written in PHP, Java, CGI normally requires the program, scripts and data to be held on a web server run by David Hilyander Design. Such scripts are strictly the copyright of David Hilyander Design and all rights are reserved and they must not be edited or copied without permission or transferred to another server without the express written permission of David Hilyander Design.
Confidentiality
Both David Hilyander Design and the client will treat the information of the other as strictly confidential and not use any of the information gained or pass it on to a third party unless previously agreed in writing.
Termination of Services and Contract
14 days written notice can be given by either party for a termination of services and any work carried out by David Hilyander Design up to the 14th day is payable by the client in full with a refund of moneys minus that payment being made in full. The client has 28 days to respond and rectify a possible breach of this agreement after which time David Hilyander Design will terminate all contracts and services without warning. A nonpayment of debts will result in a termination of contract and David Hilyander Design will reclaim any of it’s intellectual property and services which have not, or cannot be paid for.
Project Payments
Before commencement of quoted fixed price projects the client will be invoiced as agreed. Once payment has cleared work will commence. Cancellation of the project by the client at any time will result in the necessary deductions being made from this amount for work completed and services used. Payment for work carried out is payable on receipt of the invoice. Failure to do so within seven days may result in extra charges. All prices indicated on the David Hilyander Design website(s) are approximate and may alter on an individual basis with David Hilyander Design reserving the right to change pricing and services offered without prior notification. GST is payable on all prices at the current rate.
Domain Names
A domain name, once purchased, is registered (licenced by the client) for a period of one or more years and may or may not be renewed after that period. David Hilyander Design are not responsible for any mistakes in the spelling or wording of the domain name as it is the client’s responsibility to ensure that the domain name is correct before the final purchase. The client should not assume registration or renewal of a domain name until the registration process is complete and confirmed. Domains are registered and/or renewed by David Hilyander Design on the registrant’s behalf as the registrant’s agent for the period shown on the invoice. The client is responsible for requesting David Hilyander Design in writing before the expiry date that renewal of a domain be effected for future periods if this is required by the client. Registration and renewal is subject to the domain registry’s standard terms and conditions (available on request). Domain registration licence fees are nonrefundable. Domain licence registration renewal fees are due and payable prior to the renewal date. Registrants are advised that a transfer to a different Registrar-of-Record is not necessary to delegate a domain name for new web hosting or email services. Delegation may be performed by the Registrant, or by a Domain Name Supplier on behalf of the Registrant, through the current Registrar-of-Record.
Hosting, Content and E-Mail
David Hilyander Design do not permit the server to be used in violation of any law or regulation or knowingly contain or pass on any unlawful, harmful, abusive, threatening, pornographic or otherwise unsuitable material including viruses and potentially damaging programs and software. David Hilyander Design will take all reasonable steps to ensure correct mail transfer but cannot be held responsible for incomplete or non-delivered mail. Where email is forwarded to a third party address it is the client’s responsibility to advise any changes of email address etc. and to test that forwarding is functioning satisfactorily. Clients are reminded that email is essentially insecure and unreliable and should not be used for confidential or mission critical communications. It is the responsibility of the client to ensure all data protection laws and legislation are adhered to. David Hilyander Design cannot guarantee against the presence of hackers and crackers on the server but will ensure to the best of their ability that the possibility is minimised, as will the service providers. If David Hilyander Design form the opinion that the client is using the services for malicious, offensive or otherwise antisocial behaviour then David Hilyander Design reserve the right to terminate all contracts and services without prior notice.
Insurance and Liability
David Hilyander Design shall not be held responsible for any loss to the client whether it be moneys, business or goodwill be it as an indirect or consequential result of work and services offered. It is the clients responsibility to ensure that all content is correct and legal before the publication of a web site and the client shall accept any downtime of the server that David Hilyander Design are powerless to prevent.
Force Majeure
Responsibility is not accepted by David Hilyander Design for delays or losses arising from contingencies beyond David Hilyander Design’s control such as Illness, Disease, Injury, War, Terrorism, Strikes, Lockouts, Fire, Storm, Flood, Failure of Electricity Supply, Failure of the Internet, Act of God, Act of Government or any other form of Force Majeure.