TERMS & CONDITIONS
These terms and conditions supersede all previous representations, understandings or agreements. Payment of an advance fee, quotations, invoices and permission to commence projects constitutes agreement to and acceptance of these terms and conditions:
1. Fees & Charges
Fees and charges for work provided are defined in quotations, invoices and website promotions. All printing services require an advance payment covering printing costs before commencement of the project. Invoices will be provided by Suzanne Day upon completion of the project. Payment for services is due by cheque, cash, mail order, direct debit or Paypal. Invoices are due upon receipt. All client provided documentation will be stored for one month after completion of the project and will be returned free of charge upon request.
2. Defaulting Clients
Accounts unpaid thirty (30) days after the invoice date will be considered to be in default. If the client in default maintains any files on Suzanne Day's web space, such material may be removed. Suzanne Day is not responsible for any loss of data incurred due to the removal. Removal of such material does not relieve the client of the obligation to pay outstanding charges assessed to the client's account. All previously defaulting clients must pay outstanding invoices as well as fees and charges in advance before commencement of new work. Clients with accounts in default agree to pay Suzanne Day reasonable expenses, including legal fees and costs for collection by third-party agencies in enforcing these terms and conditions.
3. Proofs & Edits
Suzanne Day will provide the client with an opportunity to edit the appearance/content of the design once during the design process. At the completion of the project, such materials will be deemed to be accepted/approved unless the client notifies Suzanne Day within fourteen (14) days of the date the materials are made available to the client.
4. Turnaround Time & Content Control
Suzanne Day will supply the project by the due date in the quotation or if no such date is specified, within four weeks of the date initial payment is received from the client, unless a delay is specifically requested. In return, the client agrees to delegate a single individual as a contact person to aid Suzanne Day with progressing the commission in a satisfactory and expedient manner. During the project, Suzanne Day may require the client to provide copy and/or images. If content is not provided within four (4) weeks of a request then Suzanne Day reserves the right to advise the client of changes to cost and turnaround time. If content is not provided within eight (8) weeks from the original request then the client is considered to be in default of the commission, the project will be terminated and the client sent the final invoice for immediate payment. Suzanne Day will agree, at her discretion, to recommence the project after agreement is reached on a new quotation/turnaround time and once the original fees for work completed have been paid.
5. Termination
Termination of services by the client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or by email. The client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
6. Copyright
The client retains the copyright to data provided by the client and is responsible for its content. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Suzanne Day permission and rights for use of the same and agrees to indemnify and hold harmless Suzanne Day from any and all claims resulting from the client's negligence or inability to obtain proper copyright permissions. Acceptance of a quotation or agreement to commence a project shall be regarded as a guarantee by the client to Suzanne Day that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
7. Design Credit
A text link or small logo link to www.suzanneday.com.au will appear at the bottom of the client's website where the website has been designed/redesigned by Suzanne Day. A short textual message (one line in 5pt) or small logo may also be placed in printing materials unobtrusively and where viable.
8. Access Requirements & Post-Placement Alterations
If the client's website is to be installed on a third-party server, Suzanne Day must be granted temporary read/write access to the client's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Suzanne Day cannot accept responsibility for any alterations caused by a third party occurring to the client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
9. Domain & Hosting Services
Suzanne Day may purchase domain names and hosting services through a third party on behalf of the client. Payment and renewal of those domain names and hosting services is the responsibility of the client. The loss, cancellation or otherwise non or late payment is not the responsibility of Suzanne Day. The client should keep a record of the due dates for payment to ensure that payment is received in good time.
10. Governing Law
This Agreement shall be governed by Australian Law.
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