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
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
A non-refundable deposit will usually be taken when work begins. Unless otherwise agreed in writing or the quoted price is AU$1,000 or less, the initial deposit will be 50% of the quoted price. Any work quoted at AU$1,000 or less requires payment in full prior to commencement of work. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment for accepted quotes in excess of AU$1,000 will be taken upon completion of finished work.
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.
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.
If we are required to use a debt collector for recovery of outstanding payments, the client is liable for all debt collection fees.
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 )
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
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.
Excess Work
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
Clip Magic Web Design will take reasonable care to ensure that original work created by Clip Magic Web Design for the client does not knowingly infringe the intellectual property rights of any third party.
Work supplied to the client may incorporate or rely upon third-party materials, software, fonts, libraries, plugins, stock assets, artificial intelligence tools or generated material, APIs or other resources which are subject to their own licences, terms of use or usage restrictions. Such materials remain subject to the rights and licence conditions of their respective owners or providers and are not transferred to the client except to the extent permitted by those terms.
Clip Magic Web Design does not warrant that third-party materials or services will remain available, unchanged, free of licensing restrictions or suitable for uses beyond the purpose for which they were supplied as part of the commissioned work.
Where the client supplies or requests the use of particular content, software, fonts, images, trademarks or other materials, the client is responsible for ensuring that they have the necessary rights or permissions for their use.
The client warrants that any text, images, fonts, logos, trademarks, software, data or other materials supplied by the client, or which the client instructs Clip Magic Web Design to use, may lawfully be used for the commissioned work and that the client has obtained any necessary licences, permissions or consents.
The client remains responsible for any claim arising from materials supplied or specifically requested by the client and agrees to indemnify Clip Magic Web Design against reasonable loss, costs or expenses arising from a breach of this warranty, except to the extent that the loss results from the acts or omissions of Clip Magic Web Design.
Copyright
Clip Magic Web Design retains copyright ownership for all original artwork unless otherwise agreed upon with the client.
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.
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
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions.
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.
Search Engines
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.
Passwords
The Client must ensure their password is only given to people whom they give authority to access their account.
Unsolicited Email
The Client must not send Unsolicited bulk emails. The Client's site must not be referenced or linked to in Unsolicited email.
Confidentiality
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.
Customer Property
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.
Sub Contacting
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.
AI-Assisted Tools
Clip Magic Web Design may use artificial intelligence and other automated tools as part of its normal research, design, development, testing and content production workflows. Such tools are used to assist our work and do not replace our responsibility for the services and deliverables we provide. All final work supplied by Clip Magic Web Design is subject to human review, selection and approval. Where the use or provenance of AI-generated material is materially relevant to the nature of a deliverable, we will disclose this to the client where reasonably appropriate.
Terminating the Work Agreement
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.