Terms & Conditions
1. Provision of Services
1.1 DESIGNS4U Mailing address PO BOX 703,
REDCLIFFE, QLD, 4020. ABN 64 907 219 018
will provide you with the services set out
in your confirmed Purchase Order. Only those
services mentioned will be provided by DESIGNS4U
and any amendments, add ons or schedule changes
must be agreed to in writing. This and the
following clauses are the General terms and
conditions on which those services are supplied
and together with the Purchase Order and
Fee Schedule form the total agreement between
2. Costs and Payments
2.1 You must pay all charges as set out
in the Purchase Order. As prices quoted on
DESIGNS4U material may change at any time
without notice, please check the price on
your Purchase Order before confirmation.
Cost estimates are only valid for a period
of 30 days.
2.2 You will remain liable for all fees
during any period when Services have been
discontinued or suspended due to a failure
on your part to comply with these terms and
2.3 You will be invoiced as agreed in your
purchase order. All accounts are payable
within 10 days of invoice.
2.4 You are liable to pay overdue interest
at 5%/week on any amounts not paid within
10 days of invoice, 10%/week in case of web
hosting. All intellectual property rights
remain with DESIGNS4U until payment.
2.5 You must pay DESIGNS4U's charges without
any set off, counter claim or deduction unless
same is agreed in writing between us.
2.6 DESIGNS4U reserves the right to prioritize
early paying clients and to charge urgency
fees for turnaround within 3 working days.
2.7 Agreed Costing is conditional on your
supplying data required for a Website Stage
or completion deadline agreed within 10 working
days of confirmation of Order. DESIGNS4U
reserves the right to revise costings if
that condition is not met in line with charges
applying at the relevant time.
2.8 No final artwork or files will be delivered
until final invoices are paid in full. Payment
by cheque will entail waiting for clearance
before supply of files. Delivery being :Supply
of final artwork digital files to printer,
on disk, via email or uploaded to nominated
ISP. Construction files remain the property
of DESIGNS4U unless arranged otherwise.
2.9 Printer or ISP Liaison is charged at
our current rate per hour.
2.10 DESIGNS4U reserves the right to demand
a percentage payment for any work completed
to that date.
3. Limitation of Liability
3.1 All terms conditions, warranties, undertakings
inducements and representations, whether
express or implied, statutory or otherwise
relating to the provision of services by
DESIGNS4U not contained in the Agreement
are excluded and DESIGNS4U WILL NOT ACCEPT
LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING
CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED
(WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH
MAY BE SUFFERED OR INCURRED OR WHICH MAY
ARISE DIRECTLY OR INDIRECTLY with respect
to the service.
3.2 Where any applicable legislation implies
any term, condition or warranty into the
Agreement or in respect of DESIGNS4U's relationship
with you, or otherwise gives you a particular
remedy against DESIGNS4U and the legislation
or any other legislation renders void or
prohibits provisions excluding or modifying
the application of, exercise of, or liability
under such implied term, condition, warranty
or remedy will be deemed to be included in
the Agreement or as the case may require
apply to the relationship between DESIGNS4U
and you. However, DESIGNS4U's liability for
any such breach of such implied term, condition
or warranty or under such remedy, will be
limited, at DESIGNS4U's option, in any one
or more of the ways permitted in that legislation,
including, where so permitted if the breach
relates to Services the supplying of those
services again or the payment of the cost
of having those Services supplied again.
3.3 You acknowledge that web sites cannot
be guaranteed to be 100% error free in construction
and/or 100% secure, and acknowledge that
the existence of errors falling short of
a complete failure of consideration in the
site shall not constitute a reason to terminate
4. Suspension of Services
4.1 DESIGNS4U reserves the right to suspend
services in any case where you fail to perform
your obligations under this agreement. If
payment for services is not received within
the terms of payment stipulated by us websites
may be taken down until payment is confirmed.
4.2 DESIGNS4U may from time to time and
without notice or liability to you suspend
any of the services if the reason for doing
same is an event beyond the reasonable control
4.3 The Client understands that if the client
requests that design work be ceased by DESIGNS4U,
for any reason prior to design completion,
the Client agrees to pay Designs4u for design
work completed up to and including that time.
4.4 The Client understands that DESIGNS4U
reserves the right to cease design work for
any reason prior to design completion, and
that the Client agrees to pay Designs4u for
design work completed up to and including
4.5 The Client also understands that Designs4u
also reserves the right to ask for a deposit
to be paid by the client nominated in this
form prior to commencement of design.
5.1 DESIGNS4U may discontinue services if
an amount payable to DESIGNS4U is overdue
or take down a website permanently in any
case where an amount payable is overdue by
more than 10 days. In any such event, you
remain liable for the total cost of the contract
including all disbursements; unless otherwise
agreed between the parties.
6. Contents of Web Pages and Undertakings
6.1 You will be solely responsible for the
content of your Web Page/undertakings. DESIGNS4U
is not responsible for proofreading any content
unless specifically agreed.
6.2 DESIGNS4U makes no representations to
you concerning the content or functionality
of your Web Site. This is your responsibility
to ensure that it meets your requirements.
6.3 If you provide DESIGNS4U with goods,
material, photographs, film, data or information
to be used in any form, you hereby warrant
that these do not infringe the rights of
third parties and indemnify DESIGNS4U against
any action taken against DESIGNS4U by any
such third party.
6.4 Without limiting the generality of the
foregoing, you agree not to infringe the
copyright trademark, privacy or personal
or proprietary rights of third parties, supply
libelous, abusive, obscene material or disparage
the products or services of any third party.
6.5 DESIGNS4U for its part hereby undertakes
not to knowingly infringe the rights of third
parties in activities conducted on your behalf.
6.6 You are solely responsible for dealing
with persons who access your data or webpage
and warrant that you will not refer complaints
or inquiries in relation to such data to
7. Technical Support, Changes and
7.1 Technical assistance via telephone or
email will be offered. Extensive queries
taking more than 15 minutes to deal with
or site maintenance will be charged at hourly
rates. See particulars of hourly rates in
our Fee Schedule.
7.2 Technical assistance on-site will be
offered and will be charged at hourly rate.
Transportation fees will also be charged
on hourly rate where applicable, otherwise
as agreed. See particulars of hourly rates
in our Fee Schedule.
8. Web Hosting
8.1 Web hosting is done in-house for all
material developed by DESIGNS4U only.
8.2 Please note that DESIGNS4U accepts no
responsibility for delays or down time, breakdowns
or data loss caused by Internet Service Providers
9. Dispute Resolution
9.1 The parties agree that if any dispute
should arise under this agreement, attempts
in good faith by both parties will be made
to resolve the matter fairly before resorting
to court procedures. In doing so, each party
agrees to use its best endeavours to:
Clearly communicate in writing the background facts leading to or causing the
Set out clearly what action is required to settle the dispute
Select a way of resolving the dispute and explain why that way of resolving
the dispute can be said to be a fair resolution
Discuss specific means of avoiding such disputes in the future
9.2 Attempts to resolve the dispute must follow the following procedure:
The person complaining shall set out in writing the background, the issues
and the outcome desired.
The person to whom the complaint is addressed will reply in writing within
10 business days to each issue in dispute setting out its perspective on the
issue and the outcome desired.
If the dispute is not resolved in accordance with this exchange of written
issues and outcomes, then the complainant will raise the matter with a neutral
professional adviser or Alternative Dispute Resolution (ADR) provider listed
in a relevant publication of the Department of Workplace Relations and Small
Business or similar government department within 10 business days.
If the dispute is not resolved in accordance with such reference, the matter
shall be referred to a single agreed arbitrator within 10 business days; whose
decision shall be final.
In the case of disagreement on the appointment of a single arbitrator, then
the parties shall be entitled to nominate one independent arbitrator with 10
days of disagreement and a coin will be tossed by an independent person to
decide which will act as arbitrator of the dispute.
Action taken to settle the dispute at each stage must be undertaken promptly
and the parties shall equally share the costs associated with the dispute settlement
10. Intellectual Property
10.1 All creation files remain the property
10.2 DESIGNS4U retains the Copyright in
and the right to use all artwork created
in advancing the profile of DESIGNS4U and
to be recognized for artwork created by DESIGNS4U.
10.3 DESIGNS4U shall be free to reproduce,
use, disclose display exhibit, transmit,
perform, create derivative works, and distribute
any item from your Web Page unless specifically
agreed otherwise. Further, DESIGNS4U shall
be free to use any ideas concepts know-how
or techniques acquired in construction of
sites for any purpose whatsoever, including
but not limited to developing, manufacturing
and marketing products and other items incorporating
such information unless specifically agreed
10.4 DESIGNS4U observes Privacy Laws and
Guidelines relating to personal data.
11.1 If any of these terms and conditions
(or part of them) is void or unenforceable,
it is taken to be removed and no longer forms
part of the Agreement between us. The remaining
terms and conditions remain in full force
11.2 Written communications between us may
take the form of letters, formal documents,
faxes or emails and phone calls.