Website Design Brisbane | Website Designers Brisbane | Web Design Company
Terms & Conditions
DEFINITIONS:
(a)"The Client": means any person, company, partnership, organisation or body at whose application, Action Studio agrees to provide the products and/or services under the terms of the agreement. (b)Action Studio: Primary designer/site owner & employees or affiliates. (c)"The Agreement": means the contract between Action Studio and the Client to which these conditions will apply. (d)"The Order Form": means the digital or printed document completed by the client in order to enter the Agreement. (e)"Order": is the request by the Client for products and/or services in the order form/agreement (f) "Deliverables": are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.
ACCEPTANCE OF CONDITIONS:
By placing an order with Action Studio or accessing this website you confirm that you are in agreement with and bound by the terms and conditions below.
SCOPE:
This agreement shall apply to all goods and/or services ordered by the client from Action Studio.
PAYMENT:
An upfront payment of 50% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding Action Studio shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
If accounts are not settled or Action Studio have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Tribunal Court to pursue payment.All payments must be made in AUD. All credit card and debit card transactions will be processed in AUD.
CREDIT CARD INFORMATION:
The client must submit a valid credit card when completing the credit card form. All care must be taken by the client to ensure that the information provided in the credit card form is correct. Action Studio takes no responsibility for any incorrect information submitted. If you use this option of payment then 2 % surcharge as bank fees of transaction will be charged.
WEBSITE DESIGN:
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Action Studio cannot accept responsibility for any losses incurred due to malfunction,the website or any part of it. The website, graphics and any programming code remain the property of Action Studio until all outstanding accounts are paid in full. Any scripts or software (unless specifically agreed) written by Action Studio remain the copyright of Action Studio and may only be commercially reproduced or resold with the permission of Action Studio. Action Studio cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion of Action Studio and where no charge is made by Action Studio for such additions, Action Studio accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Action Studio all materials required to complete the site to the agreed standard and within the set deadline. Action Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Action Studio will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Action Studio will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. Action Studio will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
WEBSITE MAINTANENCE
(a) Client MAINTAINING OWN WEBSITE. In this case the Client will be provided with logon details and password, using whichever software package they choose. No additional charges are made. Any page which has been amended directly by a Client becomes the Client's own responsibility including the provision of backups. Action Studio will, at their sole discretion, offer reasonable assistance in resolving issues that arise. (b) Action Studio MAINTAINING WEBSITE - MINOR EDITS. Action Studio will, at no charge, make minor edits on request to an existing website created and hosted by Action Studio. A minor edit is one of the following
change to or addition of a telephone/fax number, email address or postal address
correction of a spelling mistake or other 'typo'.
change to opening times or equivalent features
change to prices (limited to 20 products, thereafter chargeable)
(C) Action Studio MAINTAINING WEBSITE - MAJOR EDITS. If the Client requests changes to an existing website which fall outside of the 'minor edits' defined above, Action Studio will be entitled to raise a pre-agreed charge on a per occasion basis (which covers all changes made at one time), to be paid in advance. Action Studio reserves the right to judge whether the scope of such a potential edit has been exceeded and actually constitutes a major site redesign.
DATABASE,APPLICATIONs AND E-COMMERCE DEVELOPMENT
Action Studio cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Where applications or sites are developed on servers not recommended by Action Studio, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by Action Studio before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Action Studio will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
COMPATIBILITY
Action Studio will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. Action Studio can offer no guarantees of correct function with all browser software.
WEBSITE HOSTING
Whilst Action Studio recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Action Studio cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Action Studio reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
COMPLETION SCHEDULE:
(a)Hospitality:- Video and Virtual tours/floor plans DVD videos and still Images will be delivered within 5 days after the filming/photographing. (b)Real Estate: Video and Virtual tours/floor plans DVD videos and still Images will be delivered within 3 days after the filming/photographing (c)Fully functional website will be delivered within 30 days of signing the contract (d) Unless a specific delivery date has previously been agreed in writing the date for completion of the Specification is an estimate. The Client will not reject, and Action Studio will not be liable to the Client for any loss [direct or indirect] due to, provision of the Specification after the estimated date for completion.
COPYRIGHT:
Unauthorised use of any materials on the website or on a linked website may violate copyright, trademark and other laws. Materials on the website can not be modified, reproduced or publicly displayed, distributed or used for any public or commercial purpose.
EMAIL AND OTHER DETAILS:
The client must submit a valid email address on the Booking Event Form. This email address will be used for all future correspondence relating to your booking. All care must be taken by the client to ensure that the information provided in the Booking Form is correct. It is the client's responsibility to advise Action Studio if an error in the email address was submitted on the Booking Form or any other correspondence. Action Studio takes no responsibility for any incorrect information submitted such as location, date or time of shooting).
LIMITATIONS OD LIABILITY:
(a) Action Studio will use our reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service. (b) Action Studio hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. This is whether the loss or damage results from negligence or otherwise. (c) Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties (d) Action Studio cannot make guarantees of service on behalf of third party organisations and will not be held liable for the failure in any service provided by third parties (e) Any web page, design or entire site designed by Action Studio carries a copyright, and cannot be reproduced without the written consent of Action Studio. The placing of an order by the Customer or other person/Agency on behalf of the Customer constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the website.
COMPLAINTS PROCEDURE
(a)Informal procedure
Anyone who experiences a problem with their web service provided by Action Studio should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Action Studio will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
(b)Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Action Studio, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Action Studio shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Action Studio and the Action Studio shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment The Client and Action Studio are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Action Studio has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. This Agreement shall be governed by and construed in accordance with the laws of Commonwealth of Australia applicable therein.
