terms & conditions
By accessing this website we assume you accept these terms and conditions in full.
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Creative Resauce agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Creative Resauce agrees that she will be the sole author of the Work, which will be original work and free of plagiarism. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Confidentiality: Creative Resauce acknowledges that they may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Creative Resauce agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Creative Resauce before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Creative Resauce can display materials and final work created for Client on the Designer’s website (https:/www.creativeresauce.com.au).
You may already have professional marketing IT support, you might even manage that in-house; if that’s the case, great. If you don’t manage your own marketing and IT support or your current environment does not support the solution I am providing, I can supply you with a proposal for on-going support in this area. Most of my packages include support for 30 days after the project is completed. Please refer to your quote to see if additional charges will be applicable. Legal stuff I can’t guarantee that the functions contained in any email builder templates will always be error-free and so I can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion in the website are either owned by your good selves, or that you have permission to use them. When I receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that I create for you for this project. I’ll give you a copy of all files and you should store them really safely as I am not required to keep them or provide any native source files I used to make them. You also own text content, photographs and other data you provided, unless someone else owns them. I own the markup, CSS and other code and I license it to you for use on only this project. I love to show off my work and share what I have learned with other people, so I reserve the right to display and link to your website in my portfolio as well as provide a small, discrete link to my website in the footer of your website.
I am sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I’m also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. 50% non-refundable deposit upfront to book in your project.
The remaining 50% balance will be due in 1–2 increments at a set project milestone and/or once the work is approved and everyone agrees it’s ready to go live or after the completion of our projected timeline, whichever comes first.
PLEASE NOTE: If you are unable to supply all of the right content at this stage, it does not mean I have not done my job. Once the work is complete, either with your content or placeholder images and dummy text, I will issue the final invoice. Once the final invoice is paid I will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms I have given you, I am under no obligation to keep the site on our testing server or continue with the project in any way. It is your responsibility to provide feedback in a comprehensive & prompt manner, therefore if your project takes longer than our projected timeline to complete and this is due to a delay by you not me (Creative Resauce), then I will issue an invoice for the remaining amount and this will be due within 7 days. I will then continue your project when all information and feedback required has been received. Depending on the delay incurred, it is very likely this may mean new fees and extended delays are applicable.
Unless otherwise stated, Creative Resauce and/or its licensors own the intellectual property rights for all material on Creative Resauce. All intellectual property rights are reserved. You may view and/or print pages from httpss://creativeresauce.com.au for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from creativeresauce.com.au
Sell, rent or sub-license material from creativeresauce.com.au
Reproduce, duplicate or copy material from creativeresauce.com.au
Redistribute content from Creative Resauce (unless content is specifically made for redistribution).
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
The designer in not responsible for failures in software, hardware, bugs, viruses, plug-in or theme failure, etc. If an incident occurs, the Designer may choose to attempt to fix it at the hourly rate of work.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Horrible small print
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of New South Wales, Australia.