TERMS & CONDITIONS – BRAND DIGITAL AUSTRALIA PTY LTD

By agreeing to proceed with a project, you accept that this forms a contract with Brand Digital Australia Pty Ltd (ABN: 59 618 119 136) referred to in this contract as “Brand Digital”.

Quotation

Brand Digital will forward a quote to you via email.  Quotations are valid for a period of 30 days.  Brand Digital reserves the right to alter or decline a quotation after expiry of 30 days.

The quotation provided is based on the specifications provided by the client and is subject to change if the parties agree to amend the specifications.

Engagement

A project will commence once you provide:

  • Verbal approval – we will then send a confirmation email to you.
  • Signing a quote and returning to us.
  • Written confirmation.
  • A 50% deposit.

Fees and Payment

  • A 50% deposit is required upon you instructing us to proceed with a project.
  • The deposit is only refundable if we have not provided works required under the agreement. If works have commenced and you terminate the agreement, through no fault of our own, the 50% deposit is not refundable.
  • The balance of the project fee shall become payable immediately upon completion of the project or 30 days after receipt of deposit, whichever is first unless otherwise stated on the quote. Regardless of the stage of your project payment is due 30 days after initial deposit is paid.
  • For monthly instalment agreements (SEO/Hosting) payment is due by agreed monthly date.
  • All deposits received are non-refundable.
  • All project works will be given to the client once payment is received in full.

Approval Process

  • Brand Digital Australia Pty Ltd will give the client opportunities to review the appearance, layout and content of the project during the design and creation process.
  • You must notify us in writing (or at an appointed meeting) of any unsatisfactory elements within the project. Verbal requests will be confirmed in writing via email. If a client fails to communicate any issues within 7 days of notification, Brand Digital will deem the project as approved.  Subsequently, work cannot be rejected by the client and the project will be considered complete.

Termination of Services

  • Termination of services must be received by Brand Digital in writing. Telephone conversations will be followed up with an e-mail confirming termination.  Termination will become effective on receipt of written notice.

Materials

  • The client must provide all materials and information reasonably requested by Brand Digital Australia to complete works quoted and accepted. These materials can include written copy, logos, photographs, videos and other printed material.  We reserve the right to reasonably extend previously agreed deadlines if you delay provision of these materials.
  • Please provide documents in following formats:
  1. Text/Copy: Microsoft Word
  2. Tables: Microsoft Excel
  3. Images: High resolution jpg or png
  4. Diagrams/Maps: vector (AI) or jpg, png
  • You warrant that the materials provided to us, or that are provided to us on your behalf do not:
  1. Breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or
  2. Compromise the security or operation of our computer system, through a virus or otherwise.
  3. You indemnify and agree to keep Brand Digital, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.

Purchase of Materials

  • Unless stated in the quote, the fees do not include searches or purchases of photo images, digital templates, audio or video.
  • Where these materials require purchasing, the client can purchase materials directly and forward to us, or we can purchase on behalf of the client however, an additional 15% of the material fee will be charged. We will advise you of costs prior to purchase.

Hours of Operation

  • Brand Digital will provide digital support or services during general business hours being 9.00am – 5.00pm Monday to Friday Perth time, excluding weekends and public holidays/Christmas/New Year closure periods, unless otherwise stated in the quote.

Variations

  • Brand Digital will offer you the opportunity to make revisions to projects however any additional items, pages (motion graphics – video) or other features requested by the customer to be included in an already quoted or invoiced project will be assessed by Brand Digital and quoted or billed separately as a variation.
  • Additional works will be charged at the rate of $100.00 per hour
  • The client will inform Brand Digital of all third parties with access to logins to the website and/or social media platforms. Brand Digital cannot be held responsible for any damages as a result of changes/amendments/additions made to the website by third parties.  Any work or services required by Brand Digital as a result of such modifications will incur further charges.

Licensing

  • Upon completion and full payment of your project, Brand Digital grants the client a license to use the digital product (eg Video, website, photographs etc) and its related software and contents for the life of the product.

Cross Browser Compatibility

  • Brand Digital will design and produce digital products compatible with all current modern web browsers (eg Most recent versions of Explorer, Firefox, Google Chrome and Safari). The client will ensure they have updated browsers on their own operating system as projects will not load correctly on outdated browsers.  Brand Digital makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Brand Digital service.

Sub-Contracting

  • Brand Digital reserves the right to subcontract any services we have agreed to perform at our discretion.

Non-Disclosure

  • We (and any contractors we engage) agree that we will not at any time disclose any of the client’s confidential information to any third party.

Post placement alterations

  • Brand Digital cannot accept responsibility for any alterations caused by a third party occurring to the Customer’s website pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Search Engine Optimisation (SEO)

  • Brand Digital cannot guarantee ranking or positions on search engines on the web. Brand Digital will utilise best practices in accordance with current algorithms and specifications to the best of their ability.
  • The client will provide exclusivity to Brand Digital and not allow any other SEO provider to provide SEO services on the website while Brand Digital is contracted to do so.

Brand Digital links and logo

  • Unless otherwise agreed, all websites created by Brand Digital will have a discreetly placed ‘Web Design by Brand Digital’ or similar linked back to the Brand Digital website, in the footer of the website.
  • All videos created by Brand Digital will have a 5 second animated logo reveal of Brand Digital logo and website address placed at the end of each video.

Domain Names

  • All Australian domain names (.com.au) will be purchased for the minimum 2 year period.
  • Brand Digital can purchase a domain name for a customer. The customer will make payments and renewal payments to Brand Digital for this service however the loss, cancellation or otherwise of the domain (due to non or late payment) is not the responsibility of Brand Digital.

Disclaimer

  • Brand Digital shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
  • Brand Digital cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.

These Terms and Conditions supersede all previous representations, understandings or agreements.  Brand Digital reserves the right to change any of the Terms and Conditions any time without prior notice.