The following terms and conditions apply to products and services provided by the Clip Magic Web Design. Ordering any products or services indicates that you have read, understand and accept these terms. The version of this agreement that is published at www.clipmagic.com.au should always be taken as the binding and most recent version of these terms and conditions.
Commencement of Commissioned Work
1. The client agrees to provide written approval of any quote before any work is commenced, which can take the form of a letter, email or purchase order.
Payment of Commissioned Work
2. A non-refundable deposit will usually be taken when work begins. Unless otherwise agreed in writing, the initial deposit will be 50% of the quoted price. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished work.
3. If the work time exceeds four calendar weeks in duration, the client agrees to payment by calendar monthly invoices based on the work done to-date.
4. Late payment by the client shall be subject to late penalty fees of 2% per month from the due date until the amount is paid.
5. If we are required to use a debt collector for recovery of outstanding payments, the client is liable for all debt collection fees.
6. All goods remain the property of Clip Magic Web Design until paid in full. In the event of non-payment, the Clip Magic Web Design reserves the right to retain all goods, remove the material from the Internet or disable site services.
Payment ( Project Postponement )
7. If a project is postponed, put on hold or cancelled the client must notify the Clip Magic Web Design immediately. Any work done by the Clip Magic Web Design up until the date of notification will be invoiced. These fees will be calculated at the Clip Magic Web Design's standard rate based on the hours already spent including any 3rd party costs. Deposits and setup costs are not refundable. Administration costs will also be applicable.
Fees for Service
8 .It is agreed that the fee for service shall be the cost estimates provided within submitted quote, unless work undertaken exceeds work outline. If work undertaken exceeds the items specified within this quote, the client agrees to pay appropriate fees for the excess work.
9. This is defined as any work involving additions to the list of items within this quote or changes to any pieces of finished artwork after sign off by an authorised representative of the client. When approval is given by the Customer in the form of a signature or written approval via email, letter or fax it is assumed by Clip Magic Web Design that the customer has studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing. Any changes, deletions or additions to the material after approval will incur an extra fee.
Liability Regarding work and materials provided
10. It is agreed that all work and materials provided for the client by Clip Magic Web Design will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright, trade secret, patent or trademark rights of any third party.
11. The Customer shall not submit for use by the Clip Magic Web Design 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 Clip Magic Web Design under the relevant contract and shall further indemnify Clip Magic Web Design against any loss, costs or expenses attributable to such unauthorised dealing.
12. Clip Magic Web Design retains copyright ownership for all original artwork unless otherwise agreed upon with the client.
13. It is agreed that Clip Magic Web Design will grant the client exclusive licence to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this quote.
14. This granting of exclusive licence does not extend to the use of any designs proposed or submitted to the client but not approved by the client for the work outlined within this quote.
Domain name Registration
15. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions.
16. All domain registration fees with Clip Magic Web Design are non refundable. The Domain Registrar will not refund fees for domains incorrectly registered (e.g. spelling mistakes) or for cancelled domains.
17. A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your website but are not liable for circumstances beyond our control, such as change in policies of the search engines.
18. The Client must ensure their password is only given to people whom they give authority to access their account.
19. The Client must not send Unsolicited bulk emails. The Client's site must not be referenced or linked to in Unsolicited email.
20. It is agreed that all employees of Clip Magic Web Design shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
21. Customer property when supplied to Clip Magic Web Design will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage.
22. Clip Magic Web Design 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 Clip Magic Web Design for the Customer.
Terminating the Work Agreement
23. With reasonable cause, either party may terminate the work agreement effective immediately by giving written notice of termination for cause. Reasonable cause includes: a material violation of the work agreement, or non-payment of any Clip Magic Web Design invoice after written demand for payment. In the event of termination of the agreement, Clip Magic Web Design shall retain ownership of all intellectual property created by Clip Magic Web Design and shall be entitled to full payment for services performed prior to the effective date of termination.